IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU TRANSFER CIVIL MISCELLANEOUS PETITION No.317 OF 2011 Date:09.08.2011 Between:- Madhira Venkata Narsamma @ Madhavi .. Petitioner And Madhira Malleswara Rao .. Respondent ORDER: The Transfer Civil Miscellaneous Petition, under Section 24 of the Code of Civil Procedure, 1908 is filed to transfer O.P.No.61 of 2011 on the file of the Family Court, Guntur, to the file of the Judge, Family Court, Vijayawada. Heard the learned counsel for the petitioner. None appears for the respondent inspite of service of notice. The petitioner herein is wife of the respondent herein. The respondent filed O.P.No.61 of 2011 on the file of the Family Court, Guntur under Section 9 of Hindu Marriage Act, 1955 for restitution of conjugal rights. The petitioner filed a complaint before the Women Police Station, Vijayawada on 01.04.2011, which was registered as Crime No.36 of 2011 for the offence punishable under Section 498-A I.P.C. and the same is pending. Balance of convenience is the prime criterion for effecting transfer of a case from one Court to another. It must relate to the convenience of both the parties. According to the learned counsel for the petitioner, Crime No.36 of 2011 registered for the offence punishable under Section 498-A I.P.C. before Women Police Station, Vijayawada is pending in a Court at Vijayawada. In connection with this case, the respondent has to attend the Court at Vijayawada. If the O.P. is transferred to Vijayawada, it would not cause any inconvenience to the respondent. Both the parties can make a request to Presiding Officer to post both the cases on one day so that it will be convenient for both of them to attend both the cases on one day. Accordingly, the Transfer Civil Miscellaneous Petition is allowed withdrawing O.P.No.61 of 2011 from the file of the Family Court, Guntur and transferring the same to the Family Court, Vijayawada. There shall be no order as to costs. ______________________ JUSTICE K.C.BHANU 09th August, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU TR.C.M.P.No.317 OF 2011 Date:09.08.2011 AMD