A.K. Basheer, J.

1. These two Transfer Petitions are at the instance of a husband and wife respectively, who have been involved in a series of litigations arising from their matrimonial discord.

2. While the husband in his petition filed under S.407 of the Code of Criminal Procedure seeks transfer of MC 22/2005 and OP 189/2005 from the file of the Family Court, Thiruvalla to the Family Court, Thrissur, the wife in her petition filed under S.24 of the Code of Civil Procedure prays to transfer OP (Div) 229/2005 from the file of the Family Court, Thrissur to the Family Court, Thiruvalla, to be tried along with the two cases mentioned above.

3. It is contended on behalf of the petitioner/husband that he had married the respondent on the assurance given by her and her parents that she possessed requisite qualification in Nursing. Petitioner wanted an alliance with a girl having such qualification since he thought it would be convenient to get an employment for his wife in Germany, so that he could also obtain a job there later. The marriage was conducted at Irinjalakuda on June 1, 2002. But soon thereafter it was revealed that the respondent did not have any qualification in Nursing and therefore it was impossible for her to get an employment in Germany. When this act of fraud was brought to light, the petitioner/husband had questioned her about this. Very soon it also came to light that the respondent had a love affair with another person before her marriage and that she had agreed for the alliance with the petitioner only because of the compulsion of her parents.

4. Faced with the above developments, the respondent had left the matrimonial home on her own accord. But immediately thereafter she initiated proceedings against the petitioner under S.125 of the Code of Criminal Procedure before the Family Court, Thiruvalla as MC 22/2005. Then the petitioner was constrained to file a petition for divorce under S.10 of the Divorce Act for dissolution of the marriage as OP 229/2005 before the Family Court, Thrissur. It is contended by the petitioner that the respondent had, in retaliation, filed OP 189/2005 before the Family Court, Thiruvalla for return of the money paid to him at the time of the marriage. In this proceeding petitioner's mother (petitioner No. 2) was also impleaded as a corespondent. It is in the above circumstances that the petitioner has filed TrP (Crl.) 56/2005 seeking transfer of the two cases pending on the file of the Family Court, Thiruvalla to the Family Court, Thrissur to be tried along with the petition for divorce filed by him against the respondent.

5. The respondent/wife has a totally different story. According to her she was constantly harassed by her husband demanding more dowry and ornaments. Since neither she nor her parents could meet the demands of her husband, the harassment increased, and her life at the matrimonial home became increasingly unbearable. Therefore she was taken back to her parental home in order to save her from physical harm. Since the husband refused to pay any maintenance to her, she was constrained to file MC 22/2005 under S.125 of the CrPC before the Family Court, Thiruvalla. She had also filed OP 189/2005 for return of the money paid to her husband at the time of the marriage. It is contended on behalf of the respondent/wife that the petition for divorce has been filed by her husband before the Family Court, Thrissur only to harass her knowing fully well that it will cause great annoyance and difficulty to her to appear before the Family Court at Thrissur which is far away from her residence at Thiruvalla.

6. Learned counsel for the petitioner/husband submits that only the Family Court at Thrissur has got jurisdiction to try any suit or proceeding arising from the matrimonial dispute between the parties, since the marriage had taken place at Irinjalakuda within the territorial jurisdiction of the said Court. The respondent had resided with the petitioner in his residence with