SANKARAN NAIR Vs. E VIJAYALEKSHMI

JUDGEMENT

(1.) Whether a petition for restitution of conjugal rights filed by one party before a Family Court can be directed to be transferred to another court where a maintenance case is pending between the parties, in exercise of the power under Section 21A(2) of the Hindu Marriage Act, 1955, is the question that arises for consideration in this case. The respondent/wife filed M.C. No. 294/2005 on the file of the Family Court, Kannur, caliming maintenance from the petitioner. During the pendency of the said petition the appellant/husband filed O.P. No. 723/2006 before the Family Court, Ettumanoor, for restitution of conjugal rights. The respondent/wife thereafter approached this court praying for transfer of O.P. No. 723/2006 on the file of the Family Court, Ettumanoor to the Family Court, Kannur to be tried along with M.C. No. 294/2005. The learned single Judge allowed the petition and passed the following order:

(2.) Section 21A of the Hindu Marriage Act reads as follows:

(3.) While the appeal was pending before us the parties have entered a compromise with regard to M.C. No. 294/2005 for maintenance pending before the Family Court, Kannur and O.P. No. 723/2006 for restitution of conjugal rights pending before the Family Court, Ettumanoor and they have filed I.A. No. 1346/2006. We have recorded the compromise in the said application. The parties have agreed to compromise the disputes whereby the appellant/husband will pay maintenance at the rate of Rs.1250/- per month. They also agreed that the cases can be struck off from the files. However, this detailed judgment is necessitated only to set right the legal position.