( 1 ) LEAVE granted.

( 2 ) HEARD Shri M. N. Rao, learned Senior Counsel for the appellant and shri A. T. M. Sampath, learned counsel for the respondent.

( 3 ) THE appellant who is the wife of the respondent filed an application before the Andhra Pradesh High Court seeking transfer of the case OP No. 606 of 1999 from the Family Court, Hyderabad to the Family Court at visakhapatnam. The prayer for transfer was rejected by the High Court giving the reason that the respondent was residing in the United States of america and on the previous date when he had come from America the case could not be taken up in view of the order of stay of further proceedings in the suit, during pendency of the transfer petition, passed by the High Court.

( 4 ) WE are of the view that on the facts and in the circumstances of the case the High Court was in error in rejecting the prayer for transfer of the case to Visakhapatnam on the ground stated in the order. The prayer made by the appellant for transfer of the case is justified and deserves to be allowed.

( 5 ) THEREFORE, the order under challenge is set aside and the case, OP No. 606 of 1999 pending before the Family Court, Hyderabad is transferred to the family Court at Visakhapatnam. To cut out delay the court at Visakhapatnam is directed to fix a date of hearing after hearing the counsel for the parties; on the date fixed the parties will be present in the court ready for trial of the suit and the case will not be adjourned on the prayer made by any of the parties.

( 6 ) THE appeal is allowed on the terms aforestated.