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S. M. SUBRAMANIAM
Divya Darshini – Appellant
Versus
Sakthivelavan – Respondent
ORDER :
1. The Transfer Civil Miscellaneous Petition is filed to withdraw the case in FCOP No. 118 of 2022 from the file of the Family Court at Thiruvannamalai and transfer the same to the file of the Sub Court at Harur, Dharmapuri District.
2. The marriage between the petitioner and the respondent was solemnised on 15.11.2021 as per Hindu Rites and Customs. Due to misunderstanding, both the petitioner and the respondent are living separately.
3. The respondent has filed FCOP No. 118 of 2022 for restitution of conjugal rights before the Family Court at Thiruvannamalai District.
4. The learned counsel for the petitioner states that the petitioner is unemployed and residing along with her parents at Dharmapuri District. Since the petitioner is depending on her parents, she is not in a position to travel all along from Harur to Thiruvannamalai and contest the case filed by the respondent before the Family Court, Thiruvannamalai.
5. 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 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....
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 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 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....
The special preference given to the wife under Section 19(iii)(a) of the Hindu Marriage Act in transfer petitions for matrimonial cases.
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 ....
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 the Hindu Marriage Act.
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