IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 Tr.P(C).No. 32 of 2008() ------------------------ OP.424/2007 of FAMILY COURT, ALAPPUZHA .................... PETITIONER: -------------------- JASMIN, AZAD MANZIL, THEKKEMURI VALLIKUNNAM, MAVELIKKARA 690 501. BY ADV. SRI.B.SURESH KUMAR RESPONDENT: ---------------------- ANIMON, PUTHEN PURAYIL, KADATHOOR MURI, KULASEKHARAPURAM VILLAGE, K.S.PURAM P.O. KARUNAGAPPALLY. BY THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NO.272/2008 IN Tr.P.C.NO.32/2008 DISMISSED 25/02/2008 SD/-M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = Tr.P.C. NO. 32 OF 2008 = = = = = = = = = = = = = = = Dated this the 25th day of February, 2008. J U D G M E N T This Transfer Petition is preferred to transfer O.P.424/07 pending before the Family Court, Alappuzha to the Family Court, Kollam to be tried along with O.P.312/06. The wife is the transfer petitioner. Husband has been served with notice. He has not entered appearance and has not controverted the averments in the transfer petition. This is a case where the wife initially has filed a suit for return of ornaments and the husband in return also has filed a suit for return of ornaments before another Family Court. Though Section 21(a) of the Family Court Act cannot apply as such, if the principles of that Section is applied the case where it is instituted first has to be given preference and it is to that Court the latter case has to be transferred. Further it is submitted that respondent is residing at Karunagappally and Tr.P.C. NO. 32 OF 2008 -:2:- Kollam is equally convenient for him to come and conduct the case. Taking note of the entire circumstances I transfer O.P.424/07 pending before the Family Court, Alappuzha to the Family Court, Kollam to be tried along with O.P.312/06. The Tr.P.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-