THE HON’BLE SRI JUSTICE K.C.BHANU Transfer Civil Miscellaneous Petition No. 358 of 2010 ORDER: 1. This petition is filed under Section 24 of the Code of Civil Procedure, 1908 to withdraw O.P. No.47 of 2009 from the file of the Senior Civil Judge, Nuzvid, Krishna district and transfer the same to the file of the Judge, Additional Family Court, Visakhapatnam, on the ground of convenience of the petitioner. 2. Heard both sides. 3. The learned counsel for the petitioner contended that M.C. No.265 of 2009 and G.O.P. NO.1446 of 2009, filed by the petitioner, are pending before the Family Court, Visakhapatnam, and in connection with the said cases the respondent is attending Court at Visakhapatnam and therefore if the case is transferred as prayed for, it would be convenient to both the parties, and hence, he prays to transfer the case as prayed for. 4. On the other hand, the learned counsel for the respondent opposed the same on the ground that if the case is transferred as prayed for, it would cause inconvenience to the respondent, who is the husband of petitioner and now transferred to Medak, as he has to undertake journey covering a distance of 600 KMs, and hence, he prays to dismiss this petition. 5. Balance of convenience is the prime criterion for effecting transfer of a case from one court to another. It must relate to convenience of both the parties. 6. The petitioner herein is the wife of the respondent. The respondent filed O.P. No.47 of 2009 on the file of the Senior Civil Judge, Nuzvid, under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. G.O.P. No. 1446 of 2009 and M.C. No. 265 of 2009 are filed by the petitioner before the Family Court, Visakhapatnam. Though, at present, the respondent is working as an employee at Medak and he has to cover a distance of more than 600 KMs to attend the court at Visakhapatnam, at the same time, he is now attending the Family Court, Visakhapatnam in connection with the cases filed by the petitioner. So, it would not be inconvenient to the respondent to attend the Court at Visakhapatnam if the transfer of the case, as prayed for, is effected. The parties can request the concerned court(s) to post all the cases on one day, so that it would be convenient to them to attend the courts in all the cases on one day. Hence, the case can be transferred as prayed for. 7. The Transfer Civil Miscellaneous Petition is, accordingly, ordered. O.P. No.47 of 2009 is withdrawn from the file of the Senior Civil Judge, Nuzvid, Krishna district and the same is transferred to the file of the Judge, Additional Family Court, Visakhapatnam. No costs. ---------------- 20.10.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU Transfer Civil Miscellaneous Petition No. 358 of 2010 Date: 20.10.2010 Between: Gogineni Jyothi …Petitioner And Gogineni Murali Krishna …Respondent THE HON’BLE SRI JUSTICE K.C.BHANU Transfer Civil Miscellaneous Petition No. 358 of 2010 20.10.2010