THE HON’BLE SRI JUSTICE K.C.BHANU Transfer Civil Miscellaneous Petition No. 433 of 2010 ORDER: 1. This petition is filed under Section 24 of the Code of Civil Procedure, 1908 to withdraw H.M.O.P. No.140 of 2010 from the file of the Judge, Family Court, Guntur and transfer the same to the file of Judge, Family Court, Ongole for trial along with H.M.O.P. No.36 of 2010 and M.C. No.21 of 2010. 2. Heard both sides. 3. The petitioner is wife of the respondent. The respondent filed H.M.O.P. No.140 of 2010 before the Judge, Family Court, Guntur against the petitioner under Section 13 of the Hindu Marriage Act, 1955 (for short, ‘the Act’) seeking divorce. Whereas, the petitioner filed H.M.O.P. No.36 of 2010 on the file of the Judge, Family Court, Ongole against the respondent under Section 9 of the Act for restitution of conjugal rights, and also filed Maintenance Case No.21 of 2010 against him before the same court under Section 125 of the Criminal Procedure Code, 1973 claiming maintenance. 4. 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. Admittedly, the respondent is attending the court at Ongole in connection with the cases filed by the petitioner. So, if the case filed by him in the court at Guntur is withdrawn and transferred to the court at Ongole, it would not cause any inconvenience to him. Further more, if the two cases filed seeking divorce and restitution of conjugal rights filed by the husband and wife respectively, are tried by two different courts, there would be likelihood of conflict of decisions. Therefore, in order to avoid conflict of decisions, both the cases have to be tried by the same Court. 5. Therefore, the Tr.C.M.P. is ordered. H.M.O.P. No.140 of 2010 pending on the file of the Judge, Family Court, Guntur is withdrawn and the same is transferred to the file of Judge, Family Court, Ongole for trial along with H.M.O.P. No.36 of 2010 and M.C. No.21 of 2010. No costs. --------------------- (K.C.Bhanu, J.) 23.8.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU Transfer Civil Miscellaneous Petition No. 433 of 2010 Date: 23.8.2011 Between: P.Rajani …Petitioner And P.Srinivasa Reddy …Respondent THE HON’BLE SRI JUSTICE K.C.BHANU Transfer Civil Miscellaneous Petition No. 433 of 2010 23.8.2011