( 1 ) BOTH these Tr. C. M. Ps. can be disposed of by a common judgment.

( 2 ) THE petitioner is the wife, who filed both the petitions. She filed Tr. C. M. P. No. 216 of 1999 to transfer O. S. No. 39 of 1998 pending on the file of Family Court, City Civil Court, Hyderabad, to the file of Family Court, Indore and Tr. C. M. P. No. 217 of 1999 is filed to transfer O. P. No. 201 of 1998 pending on the file of Family Court, City Civil Courts, Hyderabad to the file of Family Court, Indore. The respondent-husband filed O. P. No. 201 of 1998 for divorce and the suit O. S. No. 39 of 1998 for permanent injunction. Both the matters are pending on the file of Family Court, Hyderabad.

( 3 ) THOUGH the facts leading to the marriage between the petitioner and the respondent was narrated at length, they are not necessary for the purpose of deciding the issue involved in these cases. As far as these petitions are concerned, the petitioner states that the marriage was solemnized between the petitioner and the respondent in the year 1996, O. P. was filed by the respondent-husband seeking divorce. It is for her case that she also filed a criminal case against the respondent and his family members which is pending in C. C. No. 213 of 1998 on the file of Judicial First Class Magistrate, Indore. Similarly, C. C. No. 13 of 1998 is also pending on the file of the said Court. It is also her case that her two brothers and her parents are residing separately and she is being looked after by her aged parents and it would not be convenient to her to attend the Court at Hyderabad. That on a previous occasion when the petitioner attended the Court at Hyderabad, she was threatened with dire consequences by the respondent and some unsocial elements at the instance of the respondent, and therefore both the matters be transferred to the file of Family Court, at Indore in the interest of parties.

( 4 ) ON the other hand, in the counter filed by the respondent-husband he has denied the averments made in the petitions seeking transfer of the cases from Hyderabad to Indore. It is also stated in the counter that the petitioner had only attended the Court once and the alleged threat of dire consequences was only a make belief averment and there was no substance in the contentions raised by the petitioner. It is also stated that the petitions are not maintainable as this Court has no jurisdiction to transfer the matters to the Court under the jurisdiction of another High Court and the petitioner has to only approach the Supreme Court under Section 25 of C. P. C. seeking such a transfer.

( 5 ) THE undisputed facts are that the respondent-husband filed petitions for divorce and also a suit for injunction and both the cases are pending on the file of Family Court at Hyderabad, while the petitioner wife had also filed criminal cases against the respondent and his family members which are pending on the file of Judicial Magistrate, First Class, Indore.

( 6 ) THE main question that calls for consideration in this case is whether the case pending on the file of the Family Court, Hyderabad which are subordinate to this High Court can be transferred to other Courts which are subordinate to other High Courts and any ground is made out for transfer of the case to the other Courts.

( 7 ) THE learned counsel for the petitioner submits that it is open for this Court to transfer the cases to the other Courts subordinate to the other High Courts and it is not necessary that the Court to which the cases are transferred need be subordinate to this High Court. Under Section 23, Civil Procedure Code power is vested with the High Court to transfer the cases to other High Courts. In support of his contention, he relied on the judgment of the Supreme Court in Western U. P. Electric Power Supply Company Ltd. v. Hind Lamps Limited, (1969) 2 SCWR 16. He also submits that in cases relating to transfer of matrimonial matters the Courts have to take into consideration the economi