VIDHYA MUNDEKKAT Vs. AKHILESH JAYARAM

JUDGEMENT

(1.) This is an intra-court appeal under Section 5(i) of the Kerala High Court Act, 1958.

(2.) The appellant filed Tr.P.(C) No.283 of 2021 under Section 24 of the Code of Civil Procedure, 1908. She wanted to transfer O.P.Nos.354 of 2019 and 749 of 2020 pending on the files of the Family Court, Kozhikode to Family Court, Chavara. As per order dated 01.07.2021 the transfer petition was dismissed. Feeling aggrieved of the said order, the appellant preferred this appeal.

(3.) The appellant is the wife of the respondent. Their marriage was solemnized on 31.01.2011 at Kozhikode. They were blessed with a girl child born on 29.12.2012. Discord in the marital relationship resulted in filing of cases by either side, one after the other. The appellant filed O.P.No.354 of 2019 before the Family Court, Kozhikode for restitution of conjugal rights. She also filed M.C.No.31 of 2016 before the Judicial First Class Magistrate Court-I, Kozhikode alleging domestic violence. The respondent filed O.P.(G&W) No.574 of 2017 for getting his guardianship declared and custody of the child and O.P.No.749 of 2020 for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955, both before the Family Court, Kozhikode. M.C.No.31 of 2016 was dismissed. However, the respondent continues to pay Rs.10,000/- every month as maintenance to the minor child as per interim order in the case. O.P.(G&W) No.574 of 2017 was also dismissed, however, allowing the respondent to have visitation rights to the child. Thus, the litigations between the parties now pending before the Family Court, Kozhikode are O.P.No.354 of 2019 and O.P.No.749 of 2020.