HON’BLE SRI JUSTICE R.KANTHA RAO Tr.C.M.P.No.402 OF 2010 DATE: 29.12.2010 BETWEEN: Thiruvalluru Srikala .. Petitioner And Thandra Suneel Kumar ` .. Respondent HON’BLE SRI JUSTICE R.KANTHA RAO Tr.C.M.P.No.402 OF 2010 ORDER: This Transfer C.M.P. is filed by the petitioner to transfer F.C.O.P.No.115 of 2009 pending on the file of the Family Court Nellore to the file of the Family Court, City Civil Courts, Hyderabad. I have heard the learned counsel appearing for the petitioner and the respondent. In fact, the petitioner filed F.C.O.P. before the Family Court, Nellore seeking divorce on the ground that the respondent/husband is impotent. Subsequently, she filed transfer petition contending that since her parents come down to Hyderabad, she has been residing with her parents and it was difficult for her to attend the Family Court at Nellore. On the other hand, it has been contended on behalf of the respondent/husband that the respondent/husband is a Software Engineer in USA and came to India and residing at Nellore after filing of the case by the petitioner. It is also submitted on his behalf that he underwent the medical examination in Sri Venkateshwara Institute of Medical Sciences, Tirupathi and the said doctor at Tirupathi has to be examined on his behalf in F.C.O.P. It is further submitted that the entire evidence of the petitioner is over and the matter is posted for the evidence of the respondent and this petition is filed only to harass him. The learned counsel appearing for the petitioner relied upon the following decisions: FATEMA v JAFRI SYED HUSSAIN(PARVEZ)[1], MUNI KUMARI v SHAILENDRA KUMAR CHOUDHARY[2], LALITA A.RANGA v AJAY CHAMPALAL RANGA[3] AND MONA ARESH GOEL v ARESH SATYA GOEL[4] wherein the Supreme Court held that the convenience of the wife, who is young has to be taken in to consideration while deciding the question of transfer of the case and the transfer of the case to the place convenient to the wife has to be allowed. The decisions relied upon by the learned counsel appearing for the petitioner were rendered with regard to different facts and circumstances. In the instant case, the petitioner herself resided at Nellore and her part of evidence in the case at Nellore was over and at her instance only, a direction was issued by the Court according to which, the respondent/husband had undergone medical tests at S.V. Institute of Medical Sciences, Tirupathi and the evidence of the said doctors has to be adduced in the case. As rightly contended by the learned counsel appearing for the respondent that from the way in which the petitioner has been prosecuting the F.C.O.P., it is obvious that the proposed transfer is to harass the respondent/husband who came down to India for the purpose of prosecuting the case. In my considered view, no case is made out for transfer of the F.C.O.P. Having regard to the facts and circumstances of the case, the transfer C.M.P. is dismissed. _______________ R.KANTHA RAO,J Date: 29.12.2010 Kvrm HON’BLE SRI JUSTICE R.KANTHA RAO Tr.C.M.P.No.402 OF 2010 DATE: 29.12.2010 [1] AIR 2009 SC 1773 [2] 2000(6)SUPREME 250 [3] 2000(7) SUPREME 543 [4] AIR(sc)(2000) 3512