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S. M. SUBRAMANIAM
N. Prabavathy – Appellant
Versus
R. Sathish – Respondent
ORDER :
1. The present Transfer Civil Miscellaneous Petition has been filed to withdraw the HMOP No. 301 of 2021, pending on the file of Sub Court at Tambaram and transfer the same to the file of the Principal Sub Court at Hosur.
2. The marriage between the petitioner and the respondent was solemnised on 04.09.2019 as per Hindu Rites and Customs. Due to misunderstanding, both the petitioner and the respondent are living separately. A female child was born from and out of the wedlock and aged about 2 years under the custody of the petitioner.
3. The learned counsel for the petitioner states that she has to take care of the 2 year old female child and now she is residing along with her parents at Hosur. The petitioner-wife filed HMOP No. 20 of 2022 before the Principal Sub Court at Hosur for dissolution of marriage and the respondent filed HMOP No. 301 of 2022 before the Sub Court at Tambaram for restitution of conjugal rights. Thus the said proceedings filed by the respondent to be transferred to the Principal Sub Court at Hosur for contesting the case.
4. The respondent-husband filed HMOP No. 301 of 2021 for restitution of conjugal rights before the Sub Court at Tambaram.
5. The princip
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 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 ....
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 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 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 ....
The special preference given to the wife under Section 19(iii)(a) of the Hindu Marriage Act in transfer petitions for matrimonial cases.
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....
The central legal point established in the judgment is the importance of considering the convenience of the petitioner, especially in cases involving women's rights and safeguarding their interests i....
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.
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