THE HON'BLE SRI JUSTICE K.C.BHANU Tr.C.M.P.No.670 of 2010 ORDER: 1 Petitioner filed the present petition seeking to transfer HMOP No.13 of 2010 pending on the file of the court of the Senior Civil Judge, Khammam to any Court at Kakinada. 2 The case of the petitioner is that she is the legally wedded wife of the respondent herein. Subsequent to the marriage, the respondent treated the petitioner cruelly and necked out the petitioner along with her baby from the house. Thereafter the petitioner lodged a complaint for the offence punishable under Section 498-A of IPC and also under sections 3 and 4 of Dowry Prohibition Act, 1961 and the same was taken on file as C.C.No.152 of 2010 on the file of the Court of the Special Mobile JFCM Court, Kakinada. The respondent filed the above O.P.No.13 of 2010 before the Senior Civil Judge, Khammam, under Section 13(1) (a), (1) (b) of the Hindu Marriage Act, 1955 seeking divorce. 3 The learned counsel for the petitioner contended that the petitioner filed OP No.71 of 2011 on the file of the Court of the Senior Civil Judge, Kakinada Under section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights whereas the respondent filed the present OP NO.13 of 2010 before the court of the Senior Civil Judge, Khammam and that the respondent is already attending the court at Kakinada in connection with C.C.No.152 of 2010 registered for the offence punishable under section 498-A of IPC and hence prayed to transfer the OP No.13 of 2010 filed by the husband to competent court at Kakinada and no prejudice would be caused to the respondent if the OP is transferred to Kakinada. 5 The OP filed by the husband for divorce is pending before the Senior Civil Judge, Khammam and the OP filed by the wife for restitution of conjugal rights is pending before the Senior Civil Judge, Kakinada. If these two cases are allowed to continue in two different courts, there is likelihood of conflicting decisions. Further more, the husband is however attending the criminal court at Kakinada in connection with C.C.No.152 of 2010. 6 Hence, this petition is allowed and the O.P.No.13 of 2010 pending before the Senior Civil Judge, Khammam is withdrawn from the file of the said Court and is transferred to the Court of the Senior Civil Judge at Kakinada for trial and disposal in accordance with law along with OP No.71 of 2011 pending on its file. No costs. ________________ K.C. BHANU, J. 06.09.2011 Kvsn