O R D E R:

This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife under Section 24 of the Code of Civil Procedure (in short “CPC”), seeking transfer of HMOP.No.66 of 2022 on the file of Principal Senior Civil Judge’s Court, Punganur of Chittoor District to Family Court, Anantapuramu.

2. The case of the petitioner/wife in brief is that her marriage with the respondent solemnized on 19.08.2021 in a function hall at Gudurupalle village of Punganur mandal, as per rites and customs in Indian community, and thereafter she resided along with the respondent at Bangalore city, where she was subjected to harassment by the respondent, and his relatives on demand of additional dowry, due to that she lodged a report before the Station House Officer, Kothacheruvu Police Station, vide Crime No.121 of 2022 for the offences punishable under Sections 498-A, 355 and 323 read with 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner submits that she filed DVC No.69 of 2022 on the file of Additional Judicial First Class Magistrate (Mobile Court), Anantapuramu, and as of now she is residing in her uncle’s house near Court road, Anantapuramu, and appearing for examination. It is also the contention of the petitioner that the respondent filed divorce petition before the Senior Civil Judge’s Court, Punganur with false averments. The main contention of the petitioner is that she is now residing at Anantapuram, and the distance between Anantapuramu to Punganur is about 300 kms, and her parents are residing at Kothacheruvu mandal, which is at a distance of 100 kms, she being lady pursuing her studies at Anantapuramu, it is difficult for her to travel from Anantapurpamu city to Punganur town to put-forth her defense in a divorce petition filed by her husband. She prays to allow the petition.

3. The respondent filed counter-affidavit, denying the allegations made in the affidavit of the petitioner. It is the contention of the respondent that the petitioner not made-out any grounds seeking for transfer of divorce petition filed by her husband from Principal Senior Civil Judge’s Court, Punganur to Family Court, Anantapuramu. It is the contention of the respondent that he is suffering a lot due to frivolous petitions filed by the petitioner with the instigation of the brother-in-law of the petitioner, who is also threatening him to withdraw HMOP No.66 of

2022. He prays to dismiss the petition.

4. I have heard learned counsel for the petitioner Mr.M.Karibasaiah as well as learned counsel Ms.M.Ayesha, representing on behalf of Mr.V.Nitesh, learned counsel for the respondent.

5. The learned counsel for the petitioner would submit that though the petitioner is a resident of Kothacheruvu of Anantapuramu District, now she is residing in her uncle’s house at Anantapuramu, where she is appearing for competitive examinations filed petition under Section

12 of Protection of Women from Domestic Violence Act, vide DVC No.69 of 2022 on the file of Additional Judicial First Class Magistrate (Mobile Court), Anantapuramu. He would further submit that the petitioner being a lady is not in a position to travel to Punganur, where the husband filed petition, seeking for divorce with false grounds though he is now residing at Bangalore, which is nearer to Anantapuramu. He prays to allow the petition.

6. The learned counsel, representing the respondent would submit that now the petitioner is living in adultery, due to that she is residing in her brother-in-law’s house at Anantapuramu, where the respondent is having threat to his life. She would further submit that the brother-in- law of the petitioner many times threatened the respondent to withdraw the cases, and the respondent is afraid of attending the Court at Anatapuramu, even in DVC No.69 of 202. It is the contention of the learned counsel for the respondent that if this Court inclined to consider the request of the petitioner to transfer the case from Punganur, she prays to transfer