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S. M. SUBRAMANIAM
V. Suganthi – Appellant
Versus
A. Vijaya Kumar – Respondent
ORDER :
1. The petition for transfer is filed to withdraw the proceedings in HMOP No.25 of 2022 on the file of Subordinate Court, Gudiyatham, Vellore District and transfer the same to the Family Court at Tiruvannamalai.
2. The marriage between the petitioner and the respondent was solemnised on 17.02.2016 as per the Hindu Rites and Customs. Due to misunderstanding, the petitioner and the respondent are living separately. The petitioner is residing with her aged parents and she has to take care of them. Therefore, she is not in a position to spend, travel all along and contest the case filed by the respondent in HMOP No.25 of 2022 before the file of Subordinate Court, Gudiyatham, Vellore District.
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:-
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 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, is inten....
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.
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