O R D E R:

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 FCOP No.1031 of 2021 from Additional Family Court, Visakhapatnam to the Family Court, Guntur.

2. The case of the petitioner/wife in brief is that her marriage with the respondent solemnized on 27.12.2020 at Guntur in the presence of both sides elders, and thereafter she joined the respondent to lead marital life at Vizag. She alleged that the respondent informed her that he is suffering from ill-health and he is not fit for marital life, but harassed her on demand of additional dowry along with his family members, due to that she lodged a report before the Station House Officer, Women police station, Guntur who registered a Crime No.134 of

2021 for the offences punishable under Sections 498-A, 420, 272 and 506 r/w.34 of IPC and Sections 3 & 4 of Dowry Prohibition Act against the respondent and his family members. The main contention of the petitioner is that the respondent intentionally filed petition before the Additional Family Court, Visakhapatnam under Section 10 (1) of Hindu Marriage Act for judicial separation with all false and frivolous allegations, and she also filed FCOP No.329 of 2021 before the Family Court, Guntur under Section 125 of Cr.P.C, claiming maintenance from the respondent. She submits that the respondent is working as Software Engineer in T.C.S, Chennai, he can travel from Vizag to Guntur, but she cannot travel from Guntur to Visakhapatnam, as it is at a distance of 400 kms, and she is also apprehending danger to her life in the hands of the respondent. She prays to allow the petition.

3. The respondent not chosen to file counter, but the learned counsel Mr.A.Ravi Kiran, represented on behalf of Mr.N.Ashwani Kumar, learned counsel for the respondent proceeded to submit oral arguments.

4. I have heard both sides.

5. The learned counsel for the petitioner would submit that the petitioner being a woman, now residing at her parents’ house, who also filed petition claiming maintenance from the respondent, which is pending before the Family Court, Guntur and she lodged criminal complaint against the respondent and others, which is also pending at Guntur. He would further submit that in both the cases, the respondent has to attend the Courts at Guntur and the respondent filed FCOP No.1031 of 2021 for judicial separation at Family Court, Visakhapatnam, which is admittedly at a distance of 400 kms from Guntur, it is difficult for the petitioner, having no other source of income to travel to Vizag from Guntur.

He prays to allow the petition.

6. The learned counsel representing the respondent would submit that except the allegations made in the affidavit of the petitioner, there is no proof that the respondent or his family members threatened her at Vizag. He would further submit that as per the contents in the petition, the respondent is suffering from ill-health, due to that it is not desirable to ask the respondent to travel and to attend the Court at Guntur. He prays to dismiss the petition.

7. In view of rival submissions, now the point that emerges for consideration by this Court is:-

"Whether the petition is maintainable either in law or on facts?" 8. POINT:

Admittedly, the marriage between the petitioner and the respondent solemnized at Guntur, and thereafter the couple resided at Vizag, where the respondent alleged to have been harassed the petitioner on demand of additional dowry. It is also not in dispute that the petitioner filed FCOP No.329 of 2021 on the file of Family Court, Guntur under Section 125 of Cr.P.C, seeking maintenance from the respondent, who is admittedly working as Software Engineer at Chennai and now he is working from home. Though, the petitioner has stated in her petition in FCOP No.329 of 2021 that she was working as Medical Sales Representative, admittedly now she is residing in her parent