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S. M. SUBRAMANIAM
S. Karpaga Abirami – Appellant
Versus
M. Shankar – Respondent
ORDER :
1. The Transfer Civil Miscellaneous Petition is filed to withdraw the case in OP No. 4154 of 2022 from the file of the V Additional Family Court at Chennai and transfer the same to the file of the Sub Court at Avinashi.
2. The marriage between the petitioner and the respondent was solemnised on 27.05.2018 as per Hindu Rites and Customs. Due to misunderstanding, both the petitioner and the respondent are living separately. A female child was born from and out of the wedlock and is aged about 3½ years old.
3. The learned counsel for the petitioner states that the petitioner and the female child now aged about 3½ years old are living with her parents and the petitioner is unemployed. She has to take care of her 3½ years old female child studying in Kinder Carton school at Avinashi. She is depending on her parents even for her livelihood and thus she is not in a position to travel all along from Avinashi to Chennai and contest the OP No. 4154 of 2022 filed by the respondent for dissolution of marriage before the V Additional Family Court at Chennai.
4. The principles regarding transfer petitions, more specifically in the matters of matrimonial cases, are well settled through the th
The special preference given to the wife under Section 19(iii)(a) of the Hindu Marriage Act in transfer petitions for matrimonial cases.
The central legal point established in the judgment is the importance of considering the convenience of the petitioner, especially in cases involving women's rights and safeguarding their interests i....
The central legal point established in the judgment is the special preference given to the wife under Section 19(iii)(a) of the Hindu Marriage Act and the consideration of the petitioner's circumstan....
The residence of the wife is a crucial factor in determining jurisdiction in matrimonial cases, and the legislative intent of safeguarding the interests and rights of women in such proceedings is par....
The special preference given to the wife under Section 19 of the Hindu Marriage Act for filing a petition or defending the case of the husband before the court within whose jurisdiction she resides.
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 court emphasized the importance of considering the convenience of the petitioner, especially in cases involving women's rights and matrimonial grievances, when deciding on transfer petitions in m....
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