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S. M. SUBRAMANIAM
Uma Devi – Appellant
Versus
Kumaresan – Respondent
ORDER :
The petition for transfer is filed to withdraw and transfer the HMOP No.207 of 2021, pending on the file of Family Court, Karur to Sub Court, Hosur.
2. The marriage between the petitioner and the respondent was solemnised on 30.08.2018 as per the Hindu Rites and Customs. Due to misunderstanding, the petitioner and the respondent are living separately. The petitioner is unemployed and she is residing with her parents and depending on them for her livelihood. Therefore, she is not in a position to spend, travel and contest the case filed by the respondent in HMOP No.207 of 2021 on the file of Family Court, Karur.
3. 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:-
(i) The Hon-ble Division Bench of the High Court of Madras in W.A.No.1181 of 2009, dated 09.07.2010, wherein in paragraphs-21 and 22, it has been observed as under:-
The court emphasized the intention of the legislator to safeguard the interests and rights of women under Section 19(iii)(a) of the Hindu Marriage Act while cautioning against using the special prefe....
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 of the Hindu Marriage Act.
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 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 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(iii)(a) of the Hindu Marriage Act in transfer petitions for matrimonial cases.
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