THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Tr.C.M.P. No.293 of 2010 ORDER: The petitioner is the wife of the respondent. Their marriage took place way back in the year 1990, and they were also blessed with children. In the recent past, differences have arisen between them, and several proceedings ensued; so much so, a memorandum of understanding was entered into, on 18-08-2005. The respondent filed H.M.O.P.No.9 of 2010, under Section 13 of the Hindu Marriage Act (for short ‘the Act’), in the Court of Senior Civil Judge, Gadwal, for restitution of conjugal rights against the petitioner. This application is filed with a prayer to transfer the same, to the Family Court, Hyderabad, Ranga Reddy, or Secunderabad. The petitioner contends that, for the past more than one decade, she is residing at Hyderabad along with her children, and being necked out by the respondent. She has referred to O.S.No.35 of 2000, filed by her, in the Family Court, Hyderabad, for maintenance, and a decree passed therein. She contends that the O.P., filed by the respondent, in the Court of Senior Civil Judge, Gadwal, was only with a view to harass her, and it is not at all safe for her to appear in that Court. Heard the learned counsel for the petitioner. Though the respondent is served with the notice, he has not chosen to enter appearance. The petitioner and the respondent are living separately for the past more than a decade. Way back in the year 2000, the petitioner filed a suit in the Family Court, at Hyderabad, under the Hindu Adoption and Maintenance Act. Execution proceedings were also initiated therein. When such is the case, there is absolutely no basis for the respondent in filing the O.P., under Section 13 of the Act, in the Family Court, Gadwal. The petitioner stated that the respondent tried to kill her by pouring kerosene, and setting her on fire. Under these circumstances, she cannot be expected to defend herself in the Court at Gadwal. Hence, the Tr.C.M.P is allowed, and H.M.O.P.No.9 of 2010 is transferred from the Senior Civil Judge, Gadwal, to the Family Court, at Hyderabad. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.31-08-2010. KO