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S. M. SUBRAMANIAM
S. Revathi – Appellant
Versus
D. Rajaram – Respondent
ORDER :
The petition for transfer is filed to withdraw and transfer the petition bearing M.O.P.No.384 of 2020 from the file of the Principal Family Court, Pudhucherry to the file of the Principal Family Court, Chennai.
2. The marriage between the petitioner and the respondent was solemnised on 17.08.2016 as per the Hindu Rites and Customs. Due to misunderstanding the petitioner and the respondent are living separately. The respondent filed M.O.P.No.384 of 2021 before the Family Court, Pudhucherry for Divorce. The petitioner has filed a Maintenance Case in M.C.No.135 of 2021 on the file of Family Court at Chennai. Thus, the petitioner is not in a position to travel all along from Chennai to Pudhucherry and contest the case filed by the respondent.
3. 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:-
“21. The domicile or citizenship of the opposite party is immaterial in a case l
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....
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.
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 significance of considering the residence of the wife in determining jurisdiction in matrimonial cases and the need to safeguard the interests ....
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....
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....
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