S. M. SUBRAMANIAM
Subhashini – Appellant
Versus
Siva @ Sathish Kumar – Respondent
ORDER :
1. The Transfer Civil Miscellaneous Petition is filed to withdraw the case in HMOP No. 158 of 2022 from the file of the Principal Sub Court, Kallakurichi and transfer the same to the file of the Sub Court, Udumalpet.
2. The marriage between the petitioner and the respondent was solemnised on 29.10.2020 as per Hindu Rites and Customs. Due to misunderstanding, both the petitioner and the respondent are living separately.
3. The learned counsel for the petitioner states that the petitioner is living with her parents and the petitioner is unemployed. She is depending on her parents even for her livelihood and thus she is not in a position to travel all along from Udumalpet to Kallakurichi and contest the case filed by the respondent before the Principal Sub Court at Kallakurichi.
4. The learned counsel for the respondent strenuously objected the contention raised on behalf of the petitioner by stating that the petitioner is not cooperating for reunion. Thus, the respondent filed petition for restitution of conjugal rights. Even now the respondent is ready and willing for reunion. Therefore, the transfer petition filed by the petitioner is to be rejected.
5. The principles regarding
Archana Singh vs. Surendra Bahadur Singh
Geeta Heera vs. Harish Chander Heera
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....
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 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 significance of considering the residence of the wife in determining jurisdiction in matrimonial disputes and the legislative intent to safe....
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 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 central legal point established in the judgment is the importance of considering the residence of the wife in determining jurisdiction and the need to safeguard the interests and rights of women ....
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 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 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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