THE HON’BLE SRI JUSTICE K.C.BHANU Transfer Civil Miscellaneous Petition No. 442 of 2010 ORDER: 1. This petition is filed under Section 24 of the Code of Civil Procedure, 1908 to withdraw M.O.P. No. 292 of 2010 from the file of the Judge, Family Court, Secunderabad and transfer the same to the file of the Senior Civil Judge, Jangaon, Warangal district on the ground of convenience of the petitioner. 2. Heard both sides. 3. 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. 4. The petitioner is the wife of the respondent. The respondent filed M.O.P. No.292 of 2010 on the file of the Judge, Family Court, Secunderabad against the petitioner under Section 13 of the Hindu Marriage Act, 1955 seeking divorce. No doubt, two cases viz. C.C. No.499 of 2007 and M.C. No.40 of 2008 on the file of the Judicial Magistrate of First Class, Jangaon filed by the petitioner are pending in the court at Jangaon, in which the respondent has to attend court. In normal circumstances, this case would have been transferred as prayed for. But, the respondent is seriously apprehending danger for him if he attends the court at Jangaon because when he attended the court, he was man-handled at 19.1.2011, and in that connection, immediately he lodged a complaint with the Judicial Magistrate of First Class, who in turn referred the matter to police for taking appropriate action. Therefore, the contention of the respondent cannot be said to be unbelievable. It is based upon factual foundation. Therefore, it is not desirable to transfer the case to Jangaon as prayed for. 5. However, the petitioner has to incur certain expenditure towards travelling and other expenses to attend the court at Secunderabad in connection with the M.O.P. No.292 of 2010 filed by the respondent. Therefore, the respondent can be directed to pay certain amount to the petitioner whenever she attends the court. 6. The Transfer Civil Miscellaneous Petition is, accordingly, dismissed. No costs. The respondent is directed to pay a sum of Rs.800/- (Rupees eight hundred only) to the petitioner whenever she attends the Family Court, Secunderabad in connection with M.O.P. No.292 of 2010, and learned Judge, Family Court, Secunderabad shall ensure the payment to the petitioner whenever she attends the court in connection with the above M.O.P. -------------------- (K.C.Bhanu,J.) 21.3.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU Transfer Civil Miscellaneous Petition No. 442 of 2010 Date: 21.3.2011 Between: K.Archana …Petitioner And K.Jagadeesh Chandra Prasad …Respondent THE HON’BLE SRI JUSTICE K.C.BHANU Transfer Civil Miscellaneous Petition No. 613 of 2010 1.3.2011