Sujoy Paul, J.

1. Since similar question of law is involved, these petitions were analogously heard on joint request and decided by this common order.

M.C.C. No. 364/2012:

2. This petition is filed by the husband under sections 22, 23 and 24 of Code of Civil Procedure for transferring Case No. 67/2012 (Restitution) filed by the wife. The said case is filed before Additional District Judge, Morena. It is prayed that same be transferred to Gwalior.

M.C.C. No. 253/2013:

3. This petition is filed under section 24 of the Code of Civil Procedure by the wife. It is prayed that Case No. 349/2012 (New No. 199A/2012) filed under section 13 of Hindu Marriage Act, 1955 (for short, the 'Act') be transferred from Gwalior to Morena.

4. Admittedly, the husband has filed the case under section 13 of the Act prior in time. The wife filed petition for restitution of conjugal right later on.

5. Shri S.S. Chauhan, learned counsel for the petitioner relied on section 21A of the Act. He submits that the petition of wife be transferred to Gwalior. He also relied on : AIR 2008 Rajasthan 111 (Prakash v. Smt. Kavita).

6. Per Contra, Shri RVS Ghuraiya contends that in section 21A of the Act, the petitions