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S. M. SUBRAMANIAM
G. Saranya – Appellant
Versus
Ganesh Moorthy – Respondent
ORDER :
1. The Transfer Civil Miscellaneous Petition is filed to withdraw the HMOP No. 2325 of 2022 pending on the file of the I Additional Family Court at Chennai and transfer the same to the file of the Principal Sub Court at Mayiladuthurai.
2. The marriage between the petitioner and the respondent was solemnised on 26.10.2015 as per Hindu Rites and Customs. Due to misunderstanding, the petitioner and the respondent are living separately. A male 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 male child are residing along with her parents. While-so, she cannot travel all along from Mayiladuthurai to Chennai for the purpose of contesting the divorce case filed by the respondent-husband in the I Additional Family Court at Chennai, as she has to take care of her minor male child aged about 3 years.
4. The respondent-husband filed HMOP No. 2325 of 2022 for dissolution of marriage before the I Additional Family Court at Chennai.
5. The principles regarding transfer petitions, more specifically in the matters of matrimonial cases, are well settled through the three decisions of the High C
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 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 to file a petition or defend the case of the husband before the court within whose jurisdiction she resides under Section 19 of the Hindu Marriage Act.
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 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 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.
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 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....
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