S. M. SUBRAMANIAM
P. Madhumalar – Appellant
Versus
S. Suresh – Respondent
ORDER :
1. The Transfer Civil Miscellaneous Petition is filed to withdraw the case in GWOP No. 172 of 2022 from the file of the Principal District Court at Chengalpet and transfer the same to the file of the any other District Court at Chennai.
2. The marriage between the petitioner and the respondent was solemnised on 22.01.2018 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 on 10.12.2019. The male child is now living with the petitioner-wife.
3. The respondent has filed GWOP No. 172 of 2022 on the file of the Principal District Court at Chengalpet.
4. The learned counsel for the petitioner states that the petitioner-wife is unemployed and residing along with her parents. She has to take care of the minor boy and both the child as well as the petitioner are depending on her parents even for livelihood. Therefore, she is not in a position to travel all along from Chennai to Chengalpet. Hence, the GWOP filed by the respondent is to be transferred to any one of the Court at Chennai.
5. The learned counsel for the respondent raised an objection by stating that the petit
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The main legal point established in the judgment is the importance of the wife's residence in determining jurisdiction in matrimonial cases and the legislative intent to safeguard women's interests a....
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 importance of the wife's residence in determining jurisdiction and considering the difficulties faced by the wife in contesting proceedings at a distant location in transfer petitions for matrimo....
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, as outlined in Section 19 of the Hindu Marriage Act and supported by relevant case laws.
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 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 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.
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