ORDER:

I have heard learned Counsel Ms.Sk.Shahedaz, representing on behalf of Mr.G.Arun Showri, learned Counsel for the petitioners as well as learned Counsel Mr.Y.Ramesh, representing on behalf of Mr.Madhavarao, Nalluri, learned Counsel for the 2nd respondent.

2. This Transfer Criminal Petition is filed by the petitioners/respondents under Section 407 of the Criminal Procedure Code (in short, ‘Cr.P.C’), seeking transfer of DVC No.8 of 2022 on the file of Judicial Magistrate of First Class Court, Chintalapudi to any other Court, having jurisdiction in Krishna District or Guntur District.

3. The contention of the petitioners in brief, is that the marriage of the 1st petitioner with the 2nd respondent solemnized on 17.10.2007 in a village at West Godavari District, as per Hindu rites and customs prevailing in their community. The 1st petitioner submits that the 2nd respondent refused to lead marital life with the 1st petitioner, she made false complaint before the Station House Officer, T.Narasapuram Police Station of West Godavari District, and then they filed Criminal Petition before this Court, challenging the FIR. Then, the 2nd respondent filed DVC No.8 of 2022 on the file of Judicial Magistrate of First Class Court, Chintalapudi, seeking different reliefs, and thereafter the petitioners have filed Crl.P No.7479 of 2022 on the file of this Court, which is pending for disposal, wherein this Court dispensed with the presence of the petitioner Nos.2 to 5 and 3rd respondent before the Court in DVC No.8 of 2022. The main contention of the petitioners is that the 1st petitioner suffered huge loss in the business, suffering from health issues, taking advantage of the same, the 2nd respondent is trying to threaten him, and his family members to get immovable properties from them. It is also the contention of the petitioners that the 2nd respondent implicated them in criminal case, and harassing them and it is difficult for them to travel from their village to the Court at Chintalapudi, which is 100 kms to put-forth their contention in DVC No.8 of 2022. They pray to allow the petition.

4. The 2nd respondent filed counter, denying the averments in the affidavit of the 1st petitioner. It is the contention of the 2nd respondent that she is residing in her parents’ village, as the 1st petitioner deserted her, and she is looking after her two minor children with the assistance of her parents, but to cause inconvenience to her, the petitioners moved this application, seeking transfer without any valid grounds. She prays to dismiss the petition.

5. The learned Counsel, representing the petitioners would submit that the 1st petitioner suffered loss in his business, who is also suffering from ill-health, but the 2nd respondent implicated all the family members in Domestic Violence case with false allegations, duet to that the petitioners also approached this Court by filing quash petition, which is pending, wherein the appearance of the petitioner Nos.2 to 5 in DVC No.8 of 2022 is also dispensed with. He would further submit that now the 1st petitioner is residing at Vijayawada, due to that it is difficult for him to travel a distance of 100 kms to put-forth his contention in DVC No.8 of 2022 on the file of Judicial Magistrate of First Class Court, Chintalapudi. She prays to allow the petition.

6. The learned Counsel, representing the 2nd respondent would submit that now the 2nd respondent/wife is residing in her parents’ house along with her two minor children, as the 2nd respondent suffered ill-treatment in the hands of the petitioners, she filed DVC No.8 of 2022, seeking Protection Orders and compensation from the petitioners, but to harass the 2nd respondent, the petitioners filed this petition, seeking for transfer though this Court already dispensed with the presence of the petitioner Nos.2 to 5 in DVC No.8 of 2022. He prays to dismiss the petition.

7. Now the point that emerges for consideration of this Court is:-

"Whether there are grounds