THE HON’BLE SRI JUSTICE C.V. RAMULU Tr.CMP No. 674 of 2009 O R D E R: This petition, under Section 24 of the Code of Civil Procedure, is filed seeking transfer of O.P. No. 1098 of 2009 on the file of Family Court, Rangareddy District at L.B. Nagar to the Family Court, Eluru, West Godavari District. Petitioner is the wife and respondent is the husband. It appears, they had a baby during their wedlock. However, in view of the differences arose between them, petitioner is residing with her parents at Eluru and she is prosecuting her 4th year B.D.S. Course there. Originally, her parents belong to Ponnuru, but now they are settled at Eluru and she is the only daughter to her parents. Petitioner belongs to Muslim religion and respondent belongs to Hindu religion. Petitioner appears to have filed complaint against respondent under Sections 498-A, 506 read with Section 34 of IPC and a case in Cr.No. 34 of 2009 has been registered on the file of Women Police Station, Eluru, which is under investigation. While that being so, respondent filed O.P. 1098 of 2009 on the file of Family Court, Rangareddy District at L.B. Nagar for divorce and he further filed I.A. 2904 of 2009 to handover custody of the minor female child for a period of three days. According to the petitioner, the said O.P. was filed with all false and frivolous allegations to harass her. Further, since she is staying with her parents and prosecuting her 4th year BDS Course in St. Joseph College, Duggirala, Eluru, it is difficult for her to attend the O.P. pending on the file of Family Court, Rangareddy District at L.B. Nagar on each and every date of hearing and, therefore, it is just and necessary to transfer the said O.P. to the file of Family Court, Eluru. Personal notice was sent to respondent, but the same has been returned with postal endorsement ‘unclaimed’. Thereafter, as per the directions of this Court, notice was served on the learned counsel appearing for the respondent in the lower Court. In spite of this, none appeared nor there is any representation on behalf of the respondent. In the facts and circumstances of the case, since the petitioner is staying with her parents at Eluru and pursuing her studies in 4th year B.D.S. course, it would be difficult for her to travel all along to Hyderabad to attend the O.P. which is pending on the file of Family Court, Rangareddy District at L.B. Nagar. Further, the complaint filed by the petitioner has been registered as Cr.No.34 of 2009 and the same is under investigation on the file of Women Police Station, Eluru. Therefore, it is desirable that the O.P. No. 1098 of 2009, filed by the respondent, is transferred to the Family Court, Eluru. Accordingly, the Tr.C.M.P. is allowed and O.P. No. 1098 of 2009, pending on the file of Family Court, Rangareddy District at L.B. Nagar is transferred to the file of Family Court, Eluru, West Godavari District, for further adjudication. JUSTICE C.V. RAMULU. Date: 17-6-2010. MVB.