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S. M. SUBRAMANIAM
Suganya – Appellant
Versus
N. Tamil Selvan – Respondent
ORDER :
1. The Transfer Civil Miscellaneous Petition is filed to withdraw the HMOP No. 101 of 2017 pending on the file of the Sub Court at Harur and transfer the same to the file of the Sub Court at Vaniyambadi.
2. The marriage between the petitioner and the respondent was solemnised on 29.05.2017 as per Hindu Rites and Customs. Due to misunderstanding, the petitioner and the respondent are living separately. Twin children were 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 twin children are residing along with her parents. While-so, she cannot travel all along from Vaniyambadi to Harur for the purpose of contesting the divorce case filed by the respondent-husband in the Sub Court at Harur, as she has to take care of her twin minor children aged about 5 years.
4. The respondent-husband filed HMOP No. 101 of 2017 for dissolution of marriage before the Sub Court at Harur.
5. 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 special preference given to the wife under Section 19(iii)(a) of the Hindu Marriage Act in transfer petitions for matrimonial cases.
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 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 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 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 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 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 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 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....
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