Back
S. M. SUBRAMANIAM
Marilakshmi – Appellant
Versus
Manojram – Respondent
ORDER :
PRAYER : This Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the case in HMOP No.238 of 2019 on the file of the Sub Court, Kovilpatti and transfer the same to the file of Family Court, Coimbatore.
The Transfer Civil Miscellaneous Petition is filed to withdraw the case in HMOP No.238 of 2019 on the file of the Sub Court, Kovilpatti and transfer the same to the file of the Family Court, Coimbatore.
2. The petitioner married the respondent and on account of misunderstanding, they are living separately. Two children were born from and out of the wedlock.
3. The learned counsel for the petitioner states that the petitioner-wife is unemployed and residing along with her parents. She has to take care of two minor children, who are studying in Coimbatore. Under these circumstances, she is not in a position to travel all along from Kovilpatti to Coimbatore for the purpose of contesting the HMOP filed by the respondent-husband.
4. 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:-
The court emphasized the importance of considering the difficulties faced by the wife and the special preference given to the wife under Section 19(iii)(a) of the Hindu Marriage Act in determining th....
The central legal point established in the judgment is the need for a meaningful interpretation of Section 19(iii)(a) of the Hindu Marriage Act to safeguard the interests and rights of women in matri....
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 special preference given to the wife under Section 19(iii)(a) of the Hindu Marriage Act in transfer petitions for matrimonial cases.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
