ORDER :

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

2. The Transfer Civil Miscellaneous Petition No.205 of 2022 filed by the husband against the wife seeking transfer of F.C.O.P.No.320 of 2021 from Family Court-cum-IX Additional District Judge at Rajamahendravaram to Family Court at Vijayawada or any Court in Krishna District.

3. The Transfer Civil Miscellaneous Petition No.94 of 2022 filed by the wife against the husband seeking transfer of F.C.O.P.No.1492 of 2021 from Family Court-cum-II Additional District Judge, Vijayawada to Family Court-cum-IX Additional District Judge, Rajamahendravaram to conduct trial and dispose the same.

4. It is admitted fact that the marriage between the parties solemnized on 08.08.2020 at Rajamahendravaram as per Hindu Rites and Customs prevailing in their community. The wife alleged that at the time of marriage her parents paid cash and gold to the respondents towards dowry. She also alleged that it is difficult for her to attend the Court at Vijayawada in a petition filed by the husband for restitution of conjugal rights whereas the husband alleged that when he attended the Court at Rajamahendravaram in a divorce petition filed by the wife his father-in-law along with two unknown persons have attacked him for which he also lodged a report before Superintendent of Police, but they failed to take any action on the ground that it is a family dispute.

5. The contention of the husband is that now wife is working as Software Engineer in Infosys Company at Bangalore leaving the child with her parents and he is now unemployed residing at Vijayawada, due to that it is difficult for him to travel to Rajamahendravaram to attend the Court in a divorce petition filed by the wife. Whereas the contention of the wife is that she is having child aged 8 months, it is difficult for her to travel a distance of 392 KMs from Rajamahendravaram to Vijayawada as of now she is not having any male assistance. Both parties have complaining difficulty to travel the cases filed by them in different Courts but fact remains is that restitution of conjugal rights petition filed by the husband before Family Court at Vijayawada is prior to the divorce petition filed by the wife. In additional affidavit filed by the husband he attached copy of photographs to show that now the wife is staying at Bangalore by leaving the child at Rajamahendravaram. The contention of the wife is that now and then she attended the Office but still she is working from home by staying at Rajamahendravaram.

6. The learned counsel representing the wife would submit that though now and then wife attended Office at Bangalore as she is having a child less than one year now staying at in her parents’ house at Rajamahendravaram due to that it is difficult for her to travel to attend the Family Court at Vijayawada. He would further submit that in case of transfer of matrimonial proceedings convenience of the wife has to be considered and prays to allow the transfer petition filed by the wife and dismiss the transfer petition filed by the husband.

7. The learned counsel for husband would submit that they filed additional affidavit along with copy of photographs to show that wife attending office at Bangalore who also participated in ‘Karnataka Rajyotsava’, which supports the contention of the husband that wife leaving the child in her parents’ house attending office at Bangalore. She prays to dismiss the transfer petition filed by the wife and allow the transfer petition filed by the husband.

8. In view of rival submissions, now the point that emerges for consideration of this Court is: “Whether there are any grounds to consider transfer petitions filed by the wife and husband?”

9. POINT: Before going to the merits of the case, it would be beneficial to quote Section 24 of Code of Civil Procedure (in short ‘CPC’), which reads as under:

“24. General Power of transfer and withdrawal:-

(1) On the application of a