HON’BLE SRI JUSTICE B.SESHASAYANA REDDY TRANSFER C.M.P.No.396 of 2009 ORDER: This Transfer C.M.P. has been filed by the respondent in O.P.No.35 of 2009 on the file of the Senior Civil Judge, Nizamabad, to transfer the said O.P. to the file of the Senior Civil Judge, Medak. Notice before admission came to be ordered on 04.08.2009. Despite service of notice, the respondent did not choose to enter appearance either in person or through a counsel. Heard learned counsel appearing for the petitioner and perused the affidavit, filed in support of the petition. The petitioner and the respondent are wife and husband. They got married on 25.11.2007 at Narsapur as per Hindu rites and customs. They lived together for about a month. Some disputes cropped up between them and consequently, they fell apart. The wife filed a complaint against the husband before the Station House Officer, Narsapur and the same came to be the basis for registering a case in Crime No.100 of 2009 and case concerned is pending on the file of the Judicial Magistrate of First Class, Narsapur. While so, the husband filed O.P.No.35 of 2009, under Section 9 of the Hindu Marriage Act, 1955, on the file of the Senior Civil Judge, Nizamabad for restitution of conjugal rights. Hence, the instant Transfer C.M.P. by the wife. Learned counsel appearing for the petitioner submits that the petitioner is a woman and it is very difficult for her to travel all the way from her native village in Medak District to Nizamabad to take the trial in O.P.No.35 of 2009. The respondent did not choose to enter appearance to controvert the averments made in the affidavit, filed in support of the petition. In view of the reasons stated in the affidavit, filed in support of the petition, this Transfer C.M.P. desires to be allowed. Accordingly, the Transfer C.M.P. is allowed and O.P.No.35 of 2009 on the file of the Senior Civil Judge, Nizamabad is transferred to the file of the Senior Civil Judge, Medak. There shall be no order as to costs. ________________________________ JUSTICE B.SESHASAYANA REDDY 09th February 2010 dr