IMPORTANT POINT
Section 24 of the CPC allows for the transfer of cases to ensure that interdependent matters are tried together, promoting judicial efficiency.

ORDER :

1. I have heard both sides.

2. As both petitions are between the same parties with similar relief, can be disposed of by Common Order.

3. These Transfer Civil Miscellaneous Petitions are filed by the petitioner/husband, under Section 24 of the Code of Civil Procedure (in short “CPC”). The Tr. CMP No. 257 of 2023 is filed, seeking transfer of HMOP No. 96 of 2023 on the file of Principal Senior Civil Judge’s Court, Madanapalle of Chittoor Judicial District to Senior Civil Judge’s Court, Rayachoty of YSR Kadapa Judicial District, and Tr. CMP No. 262 of 2023 is filed, seeking transfer of FCOP No. 141 of 2022 on the file of Family Court, Tirupati to I Additional Judicial First Class Magistrate Court, Rayachoty of YSR Kadapa Judicial District.

4. In both petitions, the contention of the petitioner is that he filed HMOP No. 96 of 2023 before Principal Senior Civil Judge’s Court, Madanapalle of Chittoor Judicial District, seeking for divorce when he was working as Government teacher in Chittoor District and was staying at Madanapalle town, and now he has been transferred to Kadapa Judicial District, presently Annamayya District, and residing at Rayachoty town. It is the contention of the petitioner that the respondent/wife is also practicing as an Advocate at Rayachoty Courts, and her father is also practicing as an Advocate at Rayachoty Courts, and her mother is working as a teacher in Mandal Parishad Upper Primary School of Rayachoty mandal, and the respondent is only the daughter to her parents. The petitioner submits that he is residing in his elder brother’s house at Rayachoty town till he received notice in FCOP No. 141 of 2022, whereas the respondent is also residing at Rayachoty town, but she intentionally with a view to harass him filed FCOP No. 141 of 2022 under Section 125 of Cr.P.C. before Family Court, Tirupati. It is also the contention of the petitioner that himself and the respondent never resided at Tirupati, due to that Family Court, Tirupati has no territorial jurisdiction to entertain the petition filed by the respondent, seeking for maintenance. He further submits that as the respondent is also residing at Rayachoty town, HMOP No. 96 of 2023 on the file of Principal Senior Civil Judge’s Court, Madanapalle has to be transferred to Senior Civil Judge’s Court, Rayachoty, and FCOP No. 141 of 2022, pending on the file of Family Court, Tirupati to I Additional Judicial First Class Magistrate Court, Rayachoty. He prays to allow the petitions.

5. The respondent/wife filed counter-affidavit in both petitions with similar averments. It is the contention of the respondent/wife that now she is studying Post Graduate course in Law and attending the college at Tirupati. The respondent submits that she also joined her minor children in a school at Tirupati and presently she is residing at Tirupati along with her two minor children, and she also filed FCOP No. 141 of 2022 on the file of Family Court, Tirupati seeking for maintenance. To support her contention, the respondent filed copy of bonafide certificates of her children, and certificate issued by Dr. Ambedkar Global Law Institute, Tirupati to show that both her children are studying in a private school at Tirupati, and she is studying LLM course and attending the college regularly. She prays to dismiss the petitions.

6. Admittedly, the marriage of the petitioner and the respondent/wife solemnized on 26.06.2011 at Rayachoty town of Kadapa Judicial District, as per Hindu rites and customs prevailing in their community. It is also stated by the petitioner at Para No. 4 of his affidavit in Tr. CMP No. 257 of 2023 that the children are studying in a private school at Tirupati, and they shifted their family from Rayachoty to Haripuram colony, opposite to SVU Staff Quarters, Tirupati for the purpose of education of the children as well as respondent. The main contention of the petitioner is that now the respondent/wife is practicing as an Advocate and residing at Rayachoty, wher