THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Transfer C.M.P.No.240 of 2010 ORDER: The respondent filed F.C.O.P.No.552 of 2010 against the petitioner in the Family Court, Visakhapantm under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. The petitioner flatly denied her marriage with the respondent at all. She filed this petition with a prayer to transfer F.C.O.P.No.552 of 2002 to the Family Court, Srikakulam. Reference is made to a Writ of Habeas Corpus being W.P.No.7912 of 2010 filed by the respondent and dismissal thereof by the Division Bench of this Court on 15.04.2010. Subsequent to the filing of the transfer C.M.P., the petitioner filed F.C.O.P.No.11 of 2010 in the Family Court, Srikakulam under Section 12 of the Hindu Marriage Act for annulment of the marriage. The petitioner states that it is unsafe and difficult for her to appear before the Family court, Visakhapatnam, The respondent opposed this petition. He states that the parents of the petitioner are harassing him in many ways and he had to submit a complaint to the police on number of occasions. Heard the learned counsel for the petitioner and the learned counsel for the respondent. There is a serious dispute as to the marriage between the parties or as to the legality thereof. It is not in dispute that the petitioner is a resident of Srikakulam. Further, at no point of time, she resided at Visakhapatnam. Hence, there was no justification for the respondent in filing the O.P. in the Family Court, Visakhapatnam. At any rate, O.P.No.11 of 2010 filed by the petitioner is pending in the Family Court, Srikakulam and the convenience of a woman spouse is an important consideration. Therefore, the Tr. C.M.P. is allowed and F.C.O.P.No.552 of 2010 is transferred from the Family Court, Visakhapatnam to the Family Court, Srikakulam. There shall be no order as to costs __________ 13.08.2010 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Transfer C.M.P.No.240 of 2010 Date: 13.08.2010 JSU