IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE THIRTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE K.C.BHANU TRANSFER CIVIL MISCELLANEOUS PETITION No.692 OF 2009 Between: Smt. M. Mamatha ..... Petitioner AND M. Vidyasagar ..... Respondent The Court made the following: HON’BLE SRI JUSTICE K.C.BHANU TRANSFER CIVIL MISCELLANEOUS PETITION No.692 OF 2009 ORDER: 1. This Transfer Civil Miscellaneous Petition, under Section 24 of the Code of Civil Procedure, 1908, is filed by the petitioner to withdraw O.P.No.571 of 2009 from the file of the Family Court, City Civil Court, Hyderabad, and transfer the same to Senior Civil Judge’s Court, Nizamabad. 2. Heard the learned counsel for the petitioner. Inspite of service of notice, none appears for the respondent. 3. Petitioner herein is the wife of the respondent. 4. The present O.P.571 of 2009 is filed by the respondent under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955, for dissolution of marriage and the same is pending before the Family Court, City Civil Court, Hyderabad. D.V.C.No.19 of 2009, filed by the petitioner is pending before the Additional Judicial Magistrate of the First Class, Nizamabad, and M.C.No.24 of 2009, filed by the petitioner is also pending before the Judicial Magistrate of the First Class, Nizamabad. A criminal case, under Section 498-A I.P.C., in F.I.R.No.90 of 2009, registered by Morthad Police Station, is also pending before the Additional Judicial Magistrate of the First Class, Armoor, Nizamabad. 5. Balance of convenience is the prime criterion for effecting the transfer of a case from one Court to another. It must relate to convenience of both the parties. According to the learned counsel for petitioner, the respondent is attending the cases in D.V.C.No.19 of 2009 and M.C.No.24 of 2009 and also a criminal case in F.I.R.No.90 of 2009, which are pending at Nizamabad. Therefore, it would not cause any inconvenience to the respondent if the case is transferred from the Family Court, City Civil Court, Hyderabad, to Senior Civil Judge’s Court, Nizamabad. 6. In the result, O.P.No.571 of 2009 is withdrawn from the file of the Family Court, City Civil Court, Hyderabad, and the same is transferred to Senior Civil Judge’s Court, Nizamabad, for disposal in accordance with law. 7. The Transfer Civil Miscellaneous Petition is, accordingly, ordered. There shall be no order as to costs. ______________ (K.C.BHANU, J) Dated: 13th September, 2010. KL HON’BLE SRI JUSTICE K.C.BHANU TRANSFER CIVIL MISCELLANEOUS PETITION No.692 OF 2009 13th September, 2010. KL