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S. M. SUBRAMANIAM
Divya – Appellant
Versus
Arun @ Mahandha – Respondent
ORDER :
PRAYER : This Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the HMOP No.147 of 2021 on the file of the Sub Court at Attur, Salem District and transfer the same to the file of the Sub Court at Rasipuram, Namakkal District.
The Transfer Civil Miscellaneous Petition is filed to withdraw the HMOP No.147 of 2021 pending on the file of the Sub Court at Attur, Salem District and transfer the same to the file of the Sub Court at Rasipuram, Namakkal District.
2. The marriage between the petitioner and the respondent was solemnised on 22.11.2015 as per Hindu Rites and Customs. Due to misunderstanding, the petitioner and the respondent are living separately. A female child was born from and out of the wedlock.
3. The learned counsel for the petitioner states that the petitioner-wife is unemployed and now she and her 5 year old school going female child are residing along with her parents. While-so, she cannot travel all along from Namakkal to Salem District for the purpose of contesting the divorce case filed by the respondent-husband in the Sub Court at Attur, Salem District, as she has to take care of her minor school going female child aged about 5 yea
The main legal point established in the judgment is the importance of considering the wife's place of residence and circumstances in transfer petitions for matrimonial cases, with a focus on safeguar....
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 court emphasized the importance of the wife's residence in determining jurisdiction and considered the difficulties faced by the wife in contesting proceedings at a distant location, highlighting....
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 under Section 19(iii)(a) of the Hindu Marriage Act in transfer petitions for matrimonial cases.
The central legal point established in the judgment is the importance of considering the residence of the wife in determining jurisdiction and the need to safeguard the interests and rights of women ....
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