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”) seeking transfer of HMOP No. 9 of 2022 on the file of Senior Civil Judge’s Court, Anakapalle to the Additional Family Court, Visakhapatnam.

2. The case of the petitioner/wife in brief is that her marriage with the respondent solemnized on 26.04.2019 in a temple, opposite to Pendurthi police station, as per Hindu rites, caste and customs prevailing in their community in the presence of elders and well-wishers. She submits that after the marriage, she joined matrimonial home and marriage was consummated, and she lead happy marital life with the respondent at Anakapalle for a period of one month only. It is the contention of the petitioner that at the time of marriage, her parents presented dowry of Rs. 25,00,000/- to the respondent on demand of the respondent and his family members, and one month after the marriage, the respondent and his family members disliked her and started ill-treating her without any reason and not provided proper food and clothes to her, and then she filed a complaint before the DISHA police station, Visakhapatnam, who refused to register the case at the influence of father of the respondent, who is an employee in Greater Visakhapatnam Municipal Corporation. The petitioner alleged that the respondent developed illicit intimacy with woman with whom he used to chat and suppressing his faults, the respondent filed HMOP No. 9 of 2022 on the file of Senior Civil Judge’s Court, Anakapalle, seeking divorce with false ground, wherein she appeared and filed counter. The main contention of the petitioner is that as she is now staying at her parents house, as she has no source of income, she filed FCOP No. 943 of 2022 on the file of Additional Family court, Visakhapatnam, seeking maintenance from the respondent, wherein the Court issues summons to the respondent and matter is pending adjudication. The petitioner submits that she has no other means and presently depending on her parents and now she is physically and mentally depressed state and cannot travel to Anakapalle to attend the divorce case, filed by the respondent, as the family members of the respondent on many occasions beat her and caused injuries. She prays to allow the petition.

3. Though, notice sent to the respondent, not served and not returned. With the consent of the learned counsel for the petitioner, this case is taken-up for hearing.

4. I have heard learned counsel for the petitioner.

5. The learned counsel Mr. Umar Abdullah, representing on behalf of Mr. S.V.S.S. Siva Ram, learned counsel for the petitioner would submit that being a woman, petitioner has no male support cannot travel to Anakapalle to attend the Court in a petition filed by the respondent, seeking divorce which filed with false allegations. He would further submit that the petitioner has no means to meet the travel and other expenses to attend the Court at Anakapalle and there is a threat in the hands of the respondent, if the petitioner attends the Court at Anakapalle. 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.

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

(i) try or dispose of the same.

(ii) trans