THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY TRANSFER C.M.P.No.630 of 2008 ORDER: This Transfer Civil Miscellaneous Petition has been filed by the respondent in O.P.No.540 of 2008 on the file of the Family Court, Secunderabad, seeking transfer of the same to the file of the Family Court, Mahaboobnagar. The petitioner and the respondent are the wife and husband. Some disputes cropped up between them, which ultimately lead the husband in filing O.P.No.540 of 2008 on the file of the Family Court, Secunderabad, seeking divorce, whereas the wife in filing M.C.No.33 of 2008 on the file of the Family Court, Mahaboobnagar, seeking maintenance, apart from initiating proceedings by way of filing a report before the police for the offence under Section 498-A read with 109 I.P.C and Section 4 of the Dowry Prohibition Act. The instant application has been filed by the petitioner seeking transfer of O.P.No.540 of 2008 from the file of the Family Court, Secunderabad, to the Family Court, Mahaboobnagar, on the ground that she is a woman and has no male assistance to accompany her to travel from Mahaboobnagar to Secunderabad. Para 8 of the affidavit reads as under:- “I submit that my father is a retired employee aged about 61 years and also my mother is a house wife. My parents have 2 younger sons and daughter pursuing education. My father being retired employee having no other source of income except his meager pension to look after the entire family. I am totally depending upon my retired father and it is not possible for me to attend the Family Court at Secunderabad, to participate in the divorce O.P.No.540/2008. I being woman cannot travel alone from Mahboobnagar to Secunderabad. I need to have an attendant to accompany me. I cannot bear the traveling expenses and other expenses of myself and my attendant from Mahboobnagar to Secunderabad. On the other hand, the respondent is an employee in the Raj Foods Company, Jeedimetla, Secunderabad, earning Rs.35,000/- per month, as his salary. The respondent also has no other responsibility of any kind, easily and conveniently can attend the Mahaboobnagar Family Court, in the event of the transfer of O.P.No.540/2008 to Family Court, Mahaboobnagar. The respondent is already attending the Family Court at Mahaboobnagar in M.C.No.33/2008 and also the JFCM Court, Mahaboobnagar, in the dowry harassment case.” As per the memo filed by the learned counsel appearing for the petitioner, notice sent to the respondent by Registered Post With Acknowledgment Due has been served on 26.08.2009. Despite notice being served, the respondent did not choose to enter appearance either in-person or through a counsel. Therefore, the averments made in the affidavit filed in support of the petition shall stand uncontroverted. The petitioner specifically asserted in the affidavit that two proceedings i.e., one being maintenance proceedings and another being criminal proceedings are pending in the Courts situated at Mahaboobnagar. Thus, I find that the petitioner has made out a valid ground for transfer of O.P.No.540 of 2008 on the file of the Family Court, Secunderabad, to the Family Court, Mahaboobnagar. Accordingly, the transfer Civil Miscellaneous Petition is allowed at the admission stage, transferring O.P.No.540 of 2008 from the file of the Family Court, Secunderabad, to the Family Court, Mahaboobnagar. _______________________ B.SESHASAYANA REDDY,J 23.10.2009 v v