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S. M. SUBRAMANIAM
M. Rubini – Appellant
Versus
Sivasakthi – Respondent
ORDER :
1. The petition for transfer is filed to withdraw the HMOP No.68 of 2021 pending on the file of the Family Court, Salem and transfer the same to Sub Court, Chengam.
2. The marriage between the petitioner and the respondent was solemnised on 17.05.2015 as per the Hindu Rites and Customs. One male child was born from and out of the wedlock between the petitioner and the respondent. Due to misunderstanding, the petitioner and the respondent are living separately. Now the petitioner is residing along with her parents and she is unemployed. The respondent filed HMOP No.68 of 2021 for restitution of conjugal rights before the Family Court, Salem.
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 residence of the wife determines the question of jurisdiction in matrimonial cases, and the court must safeguard the interests and rights of women subjected to harassment and cruelty.
The court emphasized the importance of considering the difficulties faced by the wife and the special preference given to the wife to file a petition or defend the case before the court within whose ....
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.
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....
The main legal point established in the judgment is the importance of considering the residence of the wife in determining jurisdiction in matrimonial cases, as provided in Section 19 of the Hindu Ma....
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 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 of the Hindu Marriage Act for filing a petition or defending the case of the husband before the court within whose jurisdiction she resides.
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