HON’BLE SRI JUSTICE L.NARASIMHA REDDY TRANSFER C.M.P.No.462 of 2008 ORDER: The petitioner is the wife of the respondent. Their marriage took place on 09.05.1999. However, differences have arisen between them and they started living separately. The respondent filed O.S.No.6 of 2008 before the Agency Divisional Officer (R.D.O), Kothagudem, under Section 34 of the Specific Relief Act, 1963, claiming the relief of dissolution of marital relationship between both the parties. The petitioner seeks transfer of that suit to the Family Court, Visakhapatnam. She contends that herself and the respondent are residing in Visakhapatnam and there was absolutely no basis or justification for the respondent in filing the suit at Kothagudem. Objection is raised as to the maintainability of the suit also. Heard learned counsel for the petitioner and learned counsel for the respondent. There is no dispute that the petitioner and the respondent are residing at Visakhapatnam and are employed in different Offices at that place. The respondent has chosen to file a suit before the Agency Divisional Officer, Kothagudem. It was just ununderstandable as to how he has chosen the forum at Kothagudem. Even assuming that it was open to him to file it in a forum at Kothagudem, it is not clear as to why he has chosen an Agency Court when regular Courts are functioning at that place. Another aspect of the matter is that the respondent has filed the suit under the Specific Relief Act claiming the relief in the form of almost divorce or dissolution of marriage. There are several legislations enacted by the Parliament dealing with the matrimonial matters of persons belonging to different communities. If the parties are Hindus, they can prosecute the remedies under the Hindu Marriage Act. Separate law is enacted for Christians and others. Leaving all that, the respondent has filed a suit for specific relief. However, the scope of the Tr.C.M.P. is limited. The convenience of the parties to prosecute proceedings needs to be considered. The legal or factual grounds, have to be considered by the Court concerned. Not only the petitioner, but also the respondent have to travel from Visakhapatnam, to attend the Court at Kothagudem. It would certainly be difficult for the petitioner to defend herself, in the proceedings before that forum. Hence, the Tr.C.M.P. is allowed and O.S.No.6 of 2008 pending before the Agency Divisional Officer (RDO), Kothagudem, is transferred to the Family Court, Visakhapatnam. There shall be no order as to costs. _____________________________ JUSTICE L.NARASIMHA REDDY 21st June 2010 dr