Kurian Joseph, J.

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)(b) 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, claiming 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:-

“Invoking the power under Section 21A(2)(b) of the Hindu Marriage Act, I transfer O.P.723/06 from the file of the Family Court, Ettumanoor to the file of the Family Court, Kannur to be dealt with along with M.C.No.294/05, pending before that court.”

The appeal