THE HONOURABLE SRI JUSTICE K.SARATH And

COMMON ORDER:

1. Since both the petitions are filed by wife and husband respectively, they are heard together and being disposed of by way of this common order.

2. For the sake convenience, the parties are hereinafter referred to as petitioner-wife and respondent-husband as arrayed in Tr.CMP No.430 of 2022.

3. Transfer CMP No.430 of 2022 is filed by the wife against her husband under Section 24 of the Civil Procedure Code seeking to transfer the FCOP No.684 of 2022 from the file of file of III-Additional District and Sessions Judge-cum-Principal Family Court at Kukatpally, Medchal-Malkajgiri District to the file of Judge, Family Court, at Warangal, Warangal District.

4. Whereas Transfer Civil Miscellaneous Petition No.136 of 2023 is filed by the husband seeking to transfer the D.V.C.No.95 of 2022 filed by the wife from the file of Special Judicial Magistrate of First Class (Mobile) under PCR Act-cum-II Additional Junior Civil Judge, at Hanumakonda and also M.C.No.21 of 2021 from the file of the Family Court Judge, Hanumakonda to transfer the same to the III Additional District and Sessions Judge- Cum-Principal Family Court, Medchal-Malkajgiri District, at Kukatpally to be tried along with FCOP No.684 of 2022.

5. The petitioner-wife stated that her marriage with the respondent-husband was held on 25.03.2016 as per the customs prevailing in their community and out of their wedlock they were blessed with two children viz., Krishika and Vivika. Due to disputes the petitoner started living with her parents house at Hanmakonda and in spite of several mediations the respondent did not allow her to stay with him. Therefore, the petitioner filed a complaint against in Women P.S., Warnagal against the respondent and her family members which was registered as a case in Crime No.160 of 2020 under Sections 498-A, 506 and 323 of IPC and Secton 3 and 4 of Dowry Prohibiton Act. Apart from the said complaint the petitioner also filed a maintenance case in MC No.21 of 2021 on the file of Judge, Family Court at Hanmakonda and another case under Domestic Violance Act in DVC No.95 of 2022 on the file of VII Additional Judicial Magistrate of First Class, Warnagal. Thereafter the respondent-husband filed FCOP No.684 of 2022 on the file of III Additonal District Judge- cum-Family Court at Kukatpally, Medchal-Malkajgiri District for dissolution of marriage. The petitioner is staying with her parents at Hanmakonda and she is facing difficulty to travel all the way to Hyderabad to attend the proceedings in FCOP No.64 of 2022 on the file of Judge, Family Court at Kukatpally, Hyderbad and three cases filed by the petitioner against the respondent are pending at Hanmakonda and requested to transfer the said FCOP No.684 of 2022 to the Judge, Family Court, Warangal, which is very near to her parental home.

6. The respondent-husband filed Transfer CMP No.136 of 2023 seeking to transfer the DVC No.95 of 2022 pending on the file of Judicial Magistrate of First Class (Mobile), Hanmakonda and MC No.21 of 2021,pending on the file of Judge, Family Court, Hanmakonda to the Court of III Additonal District Judge-cum-Family Court, Medchal- Malkajigiri District at Kukatpally where FCOP No.684 of 2022 filed by him is pending on the ground that the family members of his wife are in Police Department and they are threatening him and his family members whenever they attend the proceedings in DVC and MC filed by the petitoner-wife at Hanmakonda.

7. The main contention of the petitioner/wife is that to transfer F.C.O.P filed by the respondent/husband is to transfer the FCOP filed by the respondent/husband as there are three cases against respondent/husband at Hanumakonda and she is a single parent to two female children and she is unable to attend the Court at Kukatpally on each and every adjournment. Moreover, she is residing with her parents at Hanumakonda and therefore the petitioner seeks to transfer the FCOP filed by the husband/respond