ORDER:

Heard learned counsel for the petitioners Mr. T.C.Krishnan. No representation for the respondent though notice sent and served to the respondent to the address shown by her in the DVC case.

2. This petition is filed by the petitioners/respondents under section 407 CPCseeking transfer of DVC No. 23 of 2023 on the file of the VIII Additional Chief Metropolitan Magistrate at Gajuwaka to Special Judicial Magistrate of First Class at Guntur, on the ground that respondent No.1/wife after disposal of the Transfer Civil Miscellaneous Petition Nos. 416 of 2022 and 33 of 2023 by this court on 20.02.2023, chosen to file DVC case with false grounds at Visakhapatnam where petitioners are having threat to their life as the father of respondent No.1 is working as Assistant Sub Inspector of Police at Visakhapatnam.

3. The learned counsel for the petitioner would submit that though this court passed orders in Transfer Civil Miscellaneous petition Nos.416 of 2022 and 33 of 2023 transferring Restitution of Conjugal Rights petition filed by first respondent/wife from Family Court, Visakhapatnam to Family Court, Guntur, where the marriage between parties solemnized, the first respondent chosen to file maintenance case and then the first petitioner filed Transfer Civil Miscellaneous petition 117 of 2023, which was also allowed by this Court on 31.07.2023, by directing the first petitioner to pay a sum of Rs.10,000/- to the first respondent towards maintenance which he complied.

4. He would further submit that the intention of the respondent No.1 is to keep petitioners at Visakhapatnam, where they are having threat to their life as father of the respondent No.1 is working as Assistant SubInspector of Police having support of unruly elements, whereas petitioners are working at different places. He submits that Respondent No.1 is intentionally filing one petition after another to cause inconvenience and hardship to the petitioners.He prays to allow the petition.

5. Respondent No.1 not chosen to file any counter affidavit denying the allegations made against her in the affidavit of the first petitioner. The fact remains is that at the first instance, the first respondent filed Transfer Civil Miscellaneous Petition No.416 of 2022 seeking transfer of FCOP. No.431 of 2022 from Family Court, Guntur to Family Court to Visakhapatnam and then the first petitioner filed Transfer Civil Miscellaneous Petition No.33 of 2023 to transfer F.C.O.P. No.17888 of 2022 from Family Court, Visakhapatnam to Family Court at Guntur.

6. This court after considering the contentions raised by both sides, dismissed transfer petition filed by the first respondent/wife and allowed the transfer petition filed by the first petitioner/husband and directed the first petitioner to pay asum of Rs.1,000/- to the first respondent towards travel and other expenses to attend before the Family Court Guntur.Thereafter, the first respondent filed O.P No.439 of 2023 on the file of Family Court, Visakhapatnam seeking for maintenance, then the first petitioner again filed Transfer Civil Miscellaneous Petition No.117 of 2023 seeking transfer of the case from Family Court, Visakhapatnam to Family Court, Guntur where FCOP No. 439 of 2023 and 88 of 2022 are pending.

7. The said petition is allowed by this Court vide orders in Transfer Civil Miscellaneous Petition No.117 of 2023 dated 31.07.2023 by directing the first petitioner to pay a sum of Rs.10,000/- to the respondent on or before 5th of everysucceeding month commencing from August 2023 by depositing the amount in bank account of the first respondent furnished by her within a period of 10 days.

8. The first respondent having knowledge about transfer of Restitution of Conjugal Rights Petitions filed by both parties to Family Court, Guntur and also transfer of the maintenance case filed by her from Family Court, Visakhapatnam to Guntur, chosen to file DVC instead of invoking provisions of Section 26 of Protection of Women from Domestic Violence Act