ORDER :

This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife against respondent/husband under Section 24 of Code of Civil Procedure (in short CPC) seeking transfer of F.C.O.P.No.988 of 2021 from Principal Family Court, Vijayawada, to Family Court, Visakhapatnam.

2. The case of the petitioner/wife in brief is that her marriage with the respondent solemnized on 17.02.2016 at Vijayawada as per caste, custom prevailing in their community. She submits that sometime after the marriage disturbances arose in their matrimonial life due to the behaviour of the respondent and thereafter exchange of notices taken place between the parties and then respondent filed F.C.O.P.No.988 of 2021 before the Principal Family Court, Vijayawada, seeking divorce.

3. It is the contention of the petitioner that her father is away from India and she and her mother are staying at Visakhapatnam and she has to look after her mother and they have no male assistance. The petitioner submits that due to disturbances in her family life, she could not able to continue her profession and facing financial trouble, due to that, it is difficult for her to travel from Visakhapatnam to Vijayawada to attend the Court as distance is about 400 Kilometres and she prays to transfer F.C.O.P.No.988 of 2021 from Principal Family Court, Vijayawada to Family Court at Visakhapatnam.

4. The respondent/husband filed counter denying averments in the affidavit of the petitioner. It is the contention of the respondent that he filed divorce petition against the petitioner before the Principal Family Court, Vijayawada and now he is prosecuting further studies for Master of Public Health (MPH) Super Speciality Course in Neurosurgery at Tirupathi Town for the last four years and residing at Tirupathi, where his presence is required as per bond regulations. He submits that he is also facing much difficulty in attending the Court at Vijayawada, but for the convenience of both the parties, he filed petition before the Principal Family Court at Vijayawada, where the marriage also taken place. It is also the contention of the respondent that as per ratio laid down by Hon’ble Apex Court in Krishna Veni Nagam v/s Harish Nagam, (2017) AIR (SCW) 1345 case, Court has to look into the problems of husband also when considering the petition under Section 24 of CPC. He prays to dismiss the petition.

5. I have heard Mr.S.Siva Nagarjuna, learned counsel representing on behalf of T.V.S.Prabhakar Rao, learned counsel for the petitioner as well as Mr.S.Syamsunder Rao, learned counsel for the respondent.

6. Both the counsels have fairly contended that, it is difficult for both the parties to prosecute their case at Vijayawada, as now, petitioner is staying at Visakhapatnam whereas the respondent is prosecuting further studies at Tirupathi, where his presence is compulsorily required as per bond executed by him. They pray to pass an order as per guidelines issued by the Hon’ble Apex Court in Krishna Veni Nagam case referred supra.

7. In view of the submissions made by both sides, the point that would arise for consideration of this Court is whether F.C.O.P.No.988 of 2021 can be transferred from Principal Family Court, Vijayawada to Family Court, Visakhapatnam, or to pass any other orders?

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

“General power of transfer and withdrawal

(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage

(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or

(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and

(i) try or dispose of the same; or

(ii) transfer the same for trial or disp