IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE SEVENTH DAY OF TWO THOUSAND AND ELEVEN PRESENT HON’BLE SRI JUSTICE K.C.BHANU TRANSFER CIVIL MISCELLANEOUS PETITION No.673 OF 2010 Between: Smt. D. Jeevan Jyothi ..... Petitioner AND D. Santhosh Kumar ..... Respondent The Court made the following: THE HON’BLE SRI JUSTICE K.C.BHANU TRANSFER CIVIL MISCELLANEOUS PETITION No.673 OF 2010 ORDER: This Transfer Civil Miscellaneous Petition, under Section 24 of the Code of Civil Procedure, 1908, is filed by the petitioner to withdraw D.O.P.No.269 of 2010 from the file of II Additional District Judge, Proddatur, and transfer the same to the file of the Family Court, Hyderabad. 2. Heard both sides. 3. Petitioner herein is the wife of the respondent. The present D.O.P.No.269 of 2010 is filed by the respondent herein under Section 32 of the Indian Divorce Act, 1869, for restitution of conjugal rights and the same is pending before the II Additional District Judge, Proddatur. The petitioner herein filed M.C.No.215 of 2010 before the Additional Family Court, Nampally, which is pending. A criminal case for the offences under Section 498-A and 406 IPC and Sections 4 and 6 of the Dowry Prohibition Act, 1961, is also pending before the XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. 4. The power under Section 24 of C.P.C. is to see the convenience of the parties. Balance of convenience is the prime criterion for effecting the transfer of a case from one Court to another. It must relate to convenience of both the parties. No doubt, the respondent is a resident of Cudappah District. If the case is transferred to Hyderabad, it would cause inconvenience to the respondent. At the same time, the petitioner/wife filed M.C.No.215 of 2010 before the Additional Family Court, Nampally, Hyderabad, which is pending. No doubt in the said M.C., summons has not been served on the respondent, but on receipt of summons, he has to attend the Court at Hyderabad. The respondent is attending in connection with the criminal case in C.C.No.108 of 2009, which is pending at the XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. Therefore, it would not cause any inconvenience to the respondent if the case is transferred from the file of II Additional District Judge, Proddatur, to the Additional Family Court, Nampally, Hyderabad. 5. In the result, D.O.P.No.269 of 2010 is withdrawn from the file of II Additional District Judge, Proddatur, and the same is transferred to the Additional Family Court, Nampally, Hyderabad, for disposal in accordance with law. 6. The Transfer Civil Miscellaneous Petition is, accordingly, ordered. However, considering the facts and circumstances of the case, the presence of the respondent/husband is dispensed with before the Additional Family Court, Nampally, Hyderabad, except during the trial. There shall be no order as to costs. _______________ (K.C. BHANU, J) Date: 7th March, 2011 KL THE HON’BLE SRI JUSTICE K.C.BHANU TRANSFER CIVIL MISCELLANEOUS PETITION No.673 OF 2010 Date: 7th March, 2011 KL