S. M. SUBRAMANIAM
Sangeetha – Appellant
Versus
Babu @ Sanjeevi – Respondent
ORDER :
1. The Transfer Civil Miscellaneous Petition is filed to withdraw the case in HMOP No. 191 of 2022 from the file of the Principal Sub Court at Mayiladuthurai and transfer the same to the file of the Family Court at Villupuram.
2. The marriage between the petitioner and the respondent was solemnised on 06.02.2022 as per Hindu Rites and Customs. Due to misunderstanding, both the petitioner and the respondent are living separately.
3. The respondent has filed HMOP No. 191 of 2022 before the Principal Sub Court at Mayiladuthurai to declare the marriage as null and void.
4. The learned counsel for the petitioner states that the petitioner is unemployed and residing along with her parents at Salamedu, Villupuram District. Since the petitioner is depending on her parents, she is not in a position to travel all along from Villupuram to Mayiladuthurai and contest the case filed by the respondent before the Principal Sub Court, Mayiladuthurai.
5. The learned counsel for the respondent raised an objection by stating that he is working as Assistant in the Government Hospital and he cannot avail leave frequently. The said reason cannot be considered as valid one for the purpose of not consid
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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 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 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....
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, as per Section 19(iii)(a) of the Hindu Marriage Act.
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 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 importance of considering the convenience of the petitioner, especially in cases involving women's rights and safeguarding their interests i....
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....
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