ORDER :

1. This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife against the respondent/husband under Section 24 of the Code of Civil Procedure (in short “CPC”) for transfer of HMOP No.95 of 2021 on the file of Senior Civil Judge, Adoni to the Senior Civil Judge, Proddatur of YSR Kadapa District.

2. The case of the petitioner/wife in brief is that her marriage with the respondent solemnized on 12.12.2018 at Atmakur town of Kurnool District, as per Hindu rites and customs prevailing in their community, and at the time of marriage, her parents gave dowry of Rs.20,00,000/- and 20 tulas of gold ornaments. She alleged that after the marriage, she stayed happily for six months only with the respondent, and thereafter the respondent started harassing the petitioner on demand of additional dowry, and she was necked out from the house on 27.07.2019, and since then she has been residing at her parents house at Jammalamadugu town of Kadapa District. It is also the contention of the petitioner that on 07.09.2021 she lodged a report before the Station House Officer, Jammalamadugu PS against the respondent, who registered the case for the offences punishable under Section 498-A of IPC and Sections 3 & 4 of Dowry Prohibition Act and after due investigation who also filed charge sheet against the respondent, and his relatives. The petitioner submits that she filed DVC No.1 of 2022 against the respondent, which is pending on the file of Judicial First Class Magistrate, Jammalamadug of YSR Kadapa District, and she filed MC No.14 of 2021 before the same Court, which is pending. The main contention of the petitioner is that the respondent filed divorce petition before the Senior Civil Judge, Adoni only to harass her and when she attended the Court at Adoni, the respondent abused her in the Court premises and threatened her with dire consequences. The petitioner has stated that three cases filed against the respondent are pending, before the Judicial First Class Magistrate, Jammalamadugu, wherein the respondent is attending. She being a woman, cannot travel from Adoni town to Jammalamadugu town, which is 290 kms. She prays to transfer HMOP No.95 of 2021 on the file of Senior Civil Judge, Adoni to Senior Civil Judge Court, Proddatur of YSR Kadapa District.

3. The respondent/husband though served with notice, not chosen to appear and contest the case.

4. I have heard learned counsel for the petitioner Mr.V.Nitesh.

5. The learned counsel for the petitioner/wife would submit that as petitioner lodged criminal complaint against the respondent and she also filed DVC No.1 of 2022 and MC No.14 of 2021, the respondent/husband filed divorce petition against the petitioner before Senior Civil Judge Court, Adoni to harass the petitioner. He would further submit that the respondent has been attending all the three cases filed by the petitioner, due to that no prejudice will be caused to the respondent, if divorce petition filed by the respondent is transferred to Senior Civil Judge Court at Proddatur, which is only at a distance of 30 kms from Jammalamadugu town. He prays to allow the petition.

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

"Whether the petition is maintainable either in law or on facts?"

7. 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 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