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S. M. SUBRAMANIAM
R. Mahalakshmi – Appellant
Versus
A. Deepakraj – Respondent
ORDER :
1. The Transfer Civil Miscellaneous Petition is filed to withdraw the case in HMOP No. 235 of 2022 from the file of the Family Court at Salem and transfer the same to the file of the Family Court at Chennai.
2. The marriage between the petitioner and the respondent was solemnised on 28.08.2020 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 one year and two months old.
3. The learned counsel for the petitioner states that the petitioner and her one year and two 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 one year and two months old male child. Thus she is not in a position to travel all along from Chennai to Salem and contest the case filed by the respondent in HMOP No. 235 of 2022 before the Family Court at Salem.
4. The learned counsel for the respondent raised an objection by stating that the family members of the petitioner are threatening the respondent and therefore, he is not in a position to attend the C
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 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 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(iii)(a) of the Hindu Marriage Act in transfer petitions for matrimonial cases.
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 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 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 ....
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