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S. M. SUBRAMANIAM
T. Ezhil – Appellant
Versus
E. Sivakumar – Respondent
ORDER :
1. The Transfer Civil Miscellaneous Petition is filed to withdraw the case in HMOP No. 60 of 2021 from the file of the Sub Court at Ulundurpet and transfer the same to the file of the Family Court at Chennai.
2. The marriage between the petitioner and the respondent was solemnised on 01.05.2015 as per Hindu Rites and Customs. Due to misunderstanding, both the petitioner and the respondent are living separately. A female child was born from and out of the wedlock and is aged about 5 years old.
3. The learned counsel for the petitioner states that the petitioner and the female child now aged about 5 years old are living with her parents. The petitioner is working as Typist at Chennai on temporary basis. She has to take care of her 5 years old female child. Thus she is not in a position to travel all along from Chennai to Ulundurpet and contest the HMOP No. 60 of 2021 filed by the respondent for dissolution of marriage before the Sub Court at Ulundurpet.
4. 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 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 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 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.
The interpretation and application of Section 19(iii)(a) of the Hindu Marriage Act in transfer petitions for matrimonial cases.
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 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 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.
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