ORDER :

The spouses are at loggerheads. Imputations of infidelity has rendered the marriage more a sacrilege than a sacrament. The husband has filed OP Nos.2329 and 2337 of 2019 and O.P.(G&W) No.2338 of 2019 before the Family Court, Ernakulam. Not to be outdone, the wife approached the Family Court, Alappuzha with O.P.(G&W) No.860 of 2019 and O.P.No.861 of 2019. Tr.P.(C) No.141 of 2020 is filed by the wife seeking transfer of the cases filed by the husband from the Family Court, Ernakulam to the Family Court, Alappuzha and Tr.P. (C) No.186 of 2020, by the husband for transferring the cases filed by the wife from the Family Court, Alappuzha to the Family Court, Ernakulam.

2. The parties belong to the Roman Catholic Syrian Christian Community. Their marriage was solemnised on 19.11.2006 at the Vijnana Matha Church, Thodupuzha. Two boys, now aged 13 and 11, are born in the wedlock. The family was staying at Thaikkattukara in Aluva and the children were studying at the Rajagiri Public School. In 2019, the spouses parted ways and the wife along with the children moved over to her parental house at Pallippuram. The wife took the children along with her and got them admitted to the St.Mary of Leuca Higher Secondary School, Pallippuram.

3. Among the original petitions filed by the husband, O.P.No.2329 of 2019 is for divorce, O.P.No.2337 of 2019 for declaring the liability of the wife to pay an amount of Rs.47,10,080/-, which the husband claims to have spent for purchase of immovable property, construction of residential house, purchase of car etc, and for declaration of the husband's title over half of the property purchased in the joint names of the husband and wife. O.P.(G&W) No.2338 of 2019 is for getting custody of the minor children and to declare the husband as their natural guardian. The wife has filed O.P.(G&W) No.860 of 2019 for declaring her as the guardian and custodian of the minor children and O.P.No.861 of 2019, for recovery of gold ornaments, movables and money.

4. Heard Dr. Sebastian Champappilly, learned Counsel for the petitioner and Sri. Gopakumar Thaliyal, learned Counsel for the respondent.

5. Shorn of the disputed factual contentions, which I am not bound to consider in these transfer petitions, the legal contentions put forth by Dr. Sebastian Champappilly are as under; The marriage having been solemnised at Thodupuzha, proceedings under the Divorce Act has to be filed either before the Family Court, Thodupuzha or the Family Court, Ernakulam, within the limits of which the parties had last resided together. The original petition for divorce under Section 10(1) (x) of the Divorce Act is accordingly filed before the Family Court, Ernakulam. As per Section 45 of the Divorce Act, its provisions will prevail over the provisions of the Civil Procedure Code. Section 8 of the Divorce Act confers power on the High Court to withdraw any suit or proceeding instituted under the Act and to transfer it for trial or disposal to the court of any District Judge. As per Section 3(2) of the Act, District Judge means a Judge of a Principal Civil Court of Original jurisdiction. District Court is defined under Section 3(3) as the Court of the District Judge within the local limits of whose jurisdiction the marriage was solemnised or the husband and wife last resided together. The husband having instituted the original petition under the Divorce Act before the jurisdictional Family Court, it cannot be transferred in exercise of the power under Section 24 CPC. Section 14 of the Guardian and Wards Act stipulates that, if the proceedings for declaration of guardianship of a minor are pending before more courts than one, each of those courts shall, on being appraised of the proceedings in the other court or courts, stay the proceedings before itself. The husband having filed OP (G&W) No.2338 of 2019 before the Family Court, Ernakulam, prior to the filing of O.P(G&W) No.860 of 2019 by the wife, the subsequent original petition is liable to be st