wedlock. Earlier they started residing separately and though a petition was filed for restitution of conjugal rights and that was settled out of court and they started residing together again and again their relationship strained and she was compelled to leave the matrimonial home and she is now residing with her parents at Kilimanoor along with the minor children. Admittedly the respondent himself has filed OP.No.763/2014 before the Family Court, Attingal for declaration of title and consequential reliefs in respect of a property against the petitioner herein and petitioner entered appearance and that case is pending before the Family Court, Attingal. It is also seen from the petition that the petitioner filed CMP.No.256/2012 before the Family Court, Attingal for maintenance against the respondent and he is appearing in that case also. Since two cases between the parties are now pending before the Family Court, Attingal, transfer of this case also to the Family Court, Attingal will not cause any hardship to the respondent. Being a lady living with the parents with the minor children asking her to go to Kottarakkara will cause unnecessary hardship to her. Considering this aspect, this court feels that it is necessary in the interest of justice to transfer OP(HMA). No.511/2016 pending before the Family Court, Kottarakkara to the Family Court, Attingal for disposal along with other cases pending before that court between the parties.
