SASIKUMAR Vs. BINDU S

JUDGEMENT

(1.) The question involved in these Transfer Petitions is whether Section 21A of the Hindu Marriage Act, 1955 would apply to a situation where the husband has filed a petition for restitution of conjugal rights in a Family Court and thereafter the wife has filed a petition for divorce in another Family Court.

(2.) The wife is the petitioner in Tr. P. (C) No. 44 of 2009 while the husband is the petitioner in Tr. P. (C) No. 30 of 2009. The prayer made by the wife is to transfer the petition for restitution of conjugal rights filed by the husband, before the Family Court, Kozhikode to the Family Court, Ernakulam, where the petition for divorce filed by the wife is pending. The prayer made by the husband in the Transfer Petition filed by him is to transfer the petition for divorce filed by the wife before the Family Court, Ernakulam to the Family Court, Kozhikode, where the petition filed by the husband for restitution of conjugal rights is pending. It is not in dispute that the petition filed by the husband was earlier in point of time.

(3.) O. P. No. 1792 of 2008 was filed by the wife before the Family Court, Ernakulam, seeking divorce under Section 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act. O. P. No. 1020 of 2008 was filed by the husband against the wife before the Family Court, Kozhikode under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. Both these petitions are pending.