S. M. SUBRAMANIAM
V. Sri Suvedha – Appellant
Versus
N. Manikandan – Respondent
ORDER :
The petition for transfer is filed to withdraw the GWOP No.1 of 2022 pending on the file of learned District Cum Session Court, Nilgiris, Udhagamandalam and transfer the same to the learned District Court, Salem to try along with GWOP No.11 of 2022.
2. The marriage between the petitioner and the respondent was solemnized on 15.11.2013 as per Hindu Rites and Customs. One male child was born from and out of the wedlock between the petitioner and the respondent and now living with the petitioner / mother. Due to some misunderstanding, the petitioner and the respondent are living separately. The petitioner filed GWOP No.11 of 2022 on the file of the District Court, Salem. The petitioner further filed HMOP No.111 of 2021 seeking dissolution of marriage, which is also pending on the file of the Sub Court at Omalur, Salem. The respondent/ husband filed GWOP No.1 of 2022 pending on the file of the District cum Session Court, Nilgiris.
3. The learned counsel for the petitioner states that the petitioner is now permanently residing with her parents at Omalur, Salem. She is working in Government Department and recently transferred to Chennai. Further, she has to take care of the child wi
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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 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 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 ....
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