S. M. SUBRAMANIAM
Dhanalakshmi – Appellant
Versus
Raj Kumar – Respondent
ORDER :
1. The Transfer Civil Miscellaneous Petition is filed to withdraw the case in HMOP No. 162 of 2022 from the file of the Sub Court at Thirumangalam, Madurai District and transfer the same to the file of the Family Court at Thiruppur.
2. The marriage between the petitioner and the respondent was solemnised on 22.09.2021 as per Hindu Rites and Customs. Due to misunderstanding, both the petitioner and the respondent are living separately. A male child was born from and out of the wedlock and is now aged about six months old.
3. The learned counsel for the petitioner states that the petitioner and her six months old male child are living with her parents and the petitioner is unemployed. She is depending on her parents even for her livelihood and she has to take care of her six months old male child. Thus she is not in a position to travel all along from Tiruppur to Madurai and contest the case filed by the respondent in HMOP No. 162 of 2022 before the Sub Court at Thirumangalam, Madurai.
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 cas
Archana Singh vs. Surendra Bahadur Singh
Geeta Heera vs. Harish Chander Heera
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 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 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 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....
The 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 Section 19 of the Hindu Marriage Act.
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 interpretation and application of Section 19(iii)(a) of the Hindu Marriage Act in transfer petitions for matrimonial cases.
The court emphasized the importance of considering the difficulties faced by the wife in traveling and the intention of the legislator to safeguard the interests and rights of women in allowing the t....
The 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 Section 19(iii)(a) of the Hindu Marriage Act....
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