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S. M. SUBRAMANIAM
J. Kavitha – Appellant
Versus
S. Natarajan – Respondent
ORDER :
1. The Transfer Civil Miscellaneous Petition is filed to withdraw the case in HMOP No. 802 of 2022 from the file of the Sub Court at Poonamallee and transfer the same to the file of the I Additional Family Court at Chennai to be tried and heard along with HMOP No. 4959 of 2022.
2. The marriage between the petitioner and the respondent was solemnised on 12.03.2019 as per Hindu Rites and Customs. Due to misunderstanding, both the petitioner and the respondent are living separately.
3. The petitioner filed HMOP No. 4559 of 2022 for dissolution of marriage on the file of the I Additional Family Court at Chennai.
4. The respondent filed HMOP No. 802 of 2022 for restitution of conjugal rights now pending on the file of the Sub Court, Poonamallee.
5. The learned counsel for the petitioner states that the petitioner is working at Chennai and therefore, she is not in a position to travel all along from Chennai to Poonamallee and contest the case filed by the respondent. Moreover, the respondent is residing nearby Chennai. While-so, transferring the case would not cause any prejudice to either of the parties.
6. The principles regarding transfer petitions, more specifically in the matters
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 court emphasized the importance of considering the difficulties faced by the wife and the special preference given to the wife to file a petition or defend the case before the court within whose ....
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 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 the wife's residence in determining jurisdiction and considered the difficulties faced by the wife in contesting proceedings at a distant location, highlighting....
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 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 legal principle established is the importance of the wife's residence in determining jurisdiction in matrimonial cases and the need to safeguard the interests and rights of women in such proceedi....
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