( 1 ) THESE two Transfer Civil Miscellaneous petitions are filed under Section 24 of the code of Civil Procedure, 1908, hereinafter referred to in short as "code" by both the husband and wife for transfer of O. P. No. 195 of 2002 on the file of Senior Civil Judge, rajahmundry to the Court of Principal senior Civil Judge, Ranga Reddy District to be tried along with O. P. No. 322 of 2002 and vice-versa.

( 2 ) FOR the purpose of convenience, the parties will be referred to as "husband" and "wife".

( 3 ) THE husband in Transfer CM. P. No. 442/2002 had stated that he filed O. P. No. 322/2002 on the file of Principal Senior civil Judge, Ranga Reddy seeking the relief of divorce on the ground of cruelty. The husband also made certain allegations relating to the presentation of the petition before A. P. Women s Commission, hyderabad and closure of the same. It was further stated that the wife after coming to know of the O. P. filed by the husband had filed O. P. No. 195/2002 on the file of Senior civil Judge, Rajahmundry praying for the relief of restitution of conjugal rights. It is also stated that the O. P. filed by the wife is later in point of time and has to be transferred to the file of Principal Senior civil Judge, Ranga Reddy inasmuch as O. P. No. 322/2002 is pending in the said Court by virtue of Section 21-A of the Hindu Marriage act, 1955, hereinafter referred to as "act" in short. It is also stated that on 13-8-1995, the husband was kidnapped by some unidentified persons who had taken him to the outskirts of Devaremjal and beat him black and blue and subsequent thereto the husband lodged a Police complaint with kukatpalli Police Station on 15-8-1995 and certain allegations had been made in paragraph 9 of the petition and it was also stated that in view of the assurance he had withdrawn the complaint on 31-8-1995.

( 4 ) LIKEWISE, as stated supra, the wife filed transfer C. M. P. No. 453/2002 to transfer o. P. No. 322/2002 on the file of Principal senior Civil Judge, Ranga Reddy to Senior civil Judge, at Rajahmundry to be tried along with O. P. No. 195/2002 filed by her. It was stated that their marriage took place on 15-10-1989 at Secunderabad and the same was consummated and they were blessed with a daughter by name Sujana who is now 11 years. It is further stated that the wife got selected as a Secondary Grade Teacher in december 1997 and she has been working as assistant Teacher in Mandal Parishad elementary School, Dosakayalapalli, East godavari District, which is about 15 K. Ms. from Rajahmundry town and she has been staying along with her old parents at rajahmundry where from she has been attending to her duties. It was also stated that she filed O. P. No. 195/2002 on the file of senior Civil Judge, Rajahmundry for restitution of conjugal rights under Section 9 of the Act, whereas the husband filed O. P. No. 322/2002 on the file of Principal Senior civil Judge, Ranga Reddy District for the relief of divorce under Section 13 of the Act. It was also stated that it is very difficult for her to go and contest the case in the Court in ranga Reddy District since she has to look after her old parents and her father is a diabetic patient undergoing treatment at rajahmundry and she cannot lonely travel all the way from Rajahmundry to the Court in Ranga Reddy District, Hyderabad to contest the said O. P. It was also stated that she has been apprehending danger to her life in the hands of the husband.

( 5 ) SRI Nalini Kumar, the learned counsel representing the husband had taken me through the allegations made by both the parties and had submitted that the apprehension of the wife is totally unfounded since she never complained of any incident, but however the husband had suffered and had also lodged a complaint, but had withdrawn the same on the assurance. The learned counsel also had pointed out that here is a case where the husband has been suffering and there cannot be any hard and fast rule that in every