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S. M. SUBRAMANIAM
N. Dhatcharaj – Appellant
Versus
H. V. Janarthanan – Respondent
ORDER :
The petition for transfer is filed to withdraw and transfer the petition in G.W.O.P.No.296 of 2021 on the file of the Principal District Court at Thiruvallur to the III Additional Family Court at Chennai.
2. The marriage between the respondent and the 1st petitioner was solemnised on 14.02.2013 as per the Hindu Rites and Customs. From and out of the wedlock between the 1st petitioner and the respondent a female child was born and now aged about 8 years. Due to misunderstanding, the 1st petitioner and the respondent are living separately. The respondent filed G.W.O.P.No.296 before the Principal District Court at Thiruvallur.
3. The learned counsel for the petitioners states that the 1st petitioner filed the M.C.No.559 of 2019 on the file of III Additional Family Court at chennai, which was allowed by passing an exparte order. The 1st petitioner is taking steps for the execution of the order. While so, the present petition is to transfer the case.
4. The principles regarding transfer petitions, more specifically in the matters of matrimonial cases, are well settled through the three decisions of the High Court of Madras, in the following cases:-
The main legal point established in the judgment is the importance of the wife's residence in determining jurisdiction in matrimonial cases and the legislative intent to safeguard women's interests a....
Special preference given to the wife to file a petition or defend the case of the husband before the court within whose jurisdiction she resides, as per Section 19 of the Hindu Marriage Act.
Special preference given to the wife to file a petition or defend the case of the husband before the court within whose jurisdiction she resides, as per Section 19(iii)(a) of the Hindu Marriage Act.
Special preference given to the wife to file a petition or defend the case of the husband before the court within whose jurisdiction she resides, as per Section 19 of the Hindu Marriage Act, is inten....
The central legal point established in the judgment is the importance of considering the convenience of the wife and the legislative intent to safeguard the rights of women in matrimonial proceedings....
Special preference given to the wife to file a petition or defend the case of the husband before the court within whose jurisdiction she resides under the Hindu Marriage Act.
The residence of the wife determines jurisdiction in matrimonial cases, and the legislative intent of safeguarding the interests and rights of women is a key consideration in transfer petitions.
The main legal point established in the judgment is the importance of considering the residence of the wife in determining jurisdiction in matrimonial cases, as provided in Section 19 of the Hindu Ma....
The court emphasized the intention of the legislator to safeguard the interests and rights of women under Section 19(iii)(a) of the Hindu Marriage Act while cautioning against using the special prefe....
The court emphasized the importance of the wife's residence in determining jurisdiction and considered the difficulties faced by the wife in contesting proceedings at a distant location, highlighting....
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