IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Tr.P(C).No. 64 of 2008() ------------------------ OP.52/2008 of FAMILY COURT,THRISSUR .................... PETITIONER : -------------- LATA IYER, AGED 34 YEARS D/O.ANANTHARAMAN, HAVING PERMANENT ADDRESS AT H.NO.2, SOMESHWAR CO-OPERATIVE HOUSING SOCIETY LTD OLD DOMBIVILI, DOMBIVILI WEST, THANA DISTRICT MAHARASHTRA-421202 AND PRESENTLY RESIDING AT KRISHNAHARI, SREENIVASA GARDEN, KALLIKKAD, NEAR MERCY COLLEGE, PALAKKAD. BY ADV. SRI. K.SHAJ SRI.B.BALRAJ RESPONDENT: ------------- JAYAPRAKASH NARAYANAN, AGED 43 YEARS S/O.T.V.RAMAYYAR, KRISHNA NIVAS, PERINGANDOOR P.O., MULAKUNNATHUKAAVU, THRISHUR. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = Tr.P.C. NO. 64 OF 2008 = = = = = = = = = = = = = = = Dated this the 12th day of March, 2008. J U D G M E N T This Transfer Petition is filed to transfer O.P.52/08 pending before the Family Court, Thrissur to the Family Court, Palakkad to be tried along with O.P.119/08. A perusal of the transfer petition would reveal that the husband has filed a case for divorce as O.P.52/08 before the Family Court, Thrissur and the wife has filed O.S.119/08 for the same relief of divorce against the husband before the Family Court at Palakkad. It is to transfer the case filed by the husband to the wife at Palakkad the present petition is filed. 2. I am afraid that it cannot be entertained for the reason that under Section 21-A of the Hindu Marriage Act when applications for the same relief are filed by both the husband and wife in different Courts the petition filed latter has to be transferred to the Court where the first petition is pending. If it is so, since the husband has filed an application for transfer firstly and the wife has only done it secondly there is a legal prohibition under Section 21-A of the Hindu Marriage Act. Therefore the transfer petition is dismissed. M.N. KRISHNAN, JUDGE. ul/-