ORDER :

These Transfer Civil Miscellaneous Petitions are filed by the same parties, can be disposed of by a Common Order

2. The Transfer Civil Miscellaneous Petition No.416 of 2022 is filed by the wife against the husband, seeking transfer of FCOP No.431 of 2022 from the Family Court at Guntur to the Family Court at Visakhapatnam. The Transfer Civil Miscellaneous Petition No.33 of 2023 is filed by the husband against the wife, seeking transfer of FCOP No.1788 of 2022 from the Family Court at Visakhapatnam to the Family Court at Guntur.

3. It is admitted fact that the marriage between the parties solemnized on 21.02.2022 in a Church at Guntur city, as per customs prevailing in Christian community. It is also not in dispute that the husband is working as Assistant Professor in CSE Department, NIT, Warangal, and after the marriage the wife joined the husband and resided at Guntur for some time, and thereafter she also resided in NIT quarters at Warangal city. It is alleged by the wife that, she has been ill-treated by her in-laws by treating her as maid-servant, and taken her for medical check-up on the ground that she is suffering from ill-health and forced her to have a child and abused her that she is un-healthy person, not fit to conceive. The wife alleged that the husband is puppet in the hands of his parents, and he never stopped harassing her, and filed petition for restitution of conjugal rights with false grounds, and she also filed petition for restitution of conjugal rights before the Family Court, Vizag and issued notice in FCOP No.431 of 2022. It is the contention of the wife that the husband instead of filing a petition for restitution of conjugal rights at Vizag, to harass her and force her to bring to his terms, as she cannot afford to visit Court at Guntur due to financial issues and dependency on her father, filed petition at Guntur.

4. Whereas, the husband has contended that after he filed petition for restitution of conjugal rights, wife received notice and remained ex-parte, and filed petition to set aside the ex-parte Orders and filed FCOP No.1788 of 2022 before the Family Court, Visakhapatnam for the same relief. It is also the contention of the husband that the father of the wife is working as ASI of police, who threatened him many times and also his father, due to that he has got threat to his life whenever he visits the Court at Vizag.

5. I have heard both sides.

6. The learned counsel, representing the petitioner/ wife would submit that since the date of marriage, the husband along with his parents abused the wife and illtreated her on the ground that she is un-healthy person, not fit to procure the children. He would further submit that the distance between Visakhapatnam to Guntur is 400 kms. He would further submit that the petitioner being a woman, having no male support and also due to financial constrains, she cannot travel from Visakhapatnam to Guntur to attend the Court. He prays to allow the transfer petition filed by the wife, and dismiss the transfer petition filed by the husband.

7. The learned counsel, representing the respondent/ husband would submit that the father of the wife is working as ASI of police at Gajuwaka police station of Visakhapatnam, due to that he along with unruly elements visited the house of the father of the husband and threatened him, due to that he also lodged a report, and the father of the wife made threatening calls to the husband, who lodged a report before the Superintendent of Police. He prays to allow the petition filed by the husband and dismiss the petition filed by the wife.

8. Now the point that emerges for consideration by this Court is:-

"Whether there are any grounds to consider the petitions filed by the wife and the husband to transfer the cases, filed by them against each other?"

9. POINT: Before going to the merits of the case, it would be beneficial to quote Section 24 of CPC, which reads as under:-

“24. General power of transfer and withdrawal:-

(1) On the app