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S. M. SUBRAMANIAM
Sudharsana – Appellant
Versus
Gautham Venkatraj – Respondent
ORDER :
Prayer: This Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the case in HMOP No. 1253 of 2022 from the file of the Family Court at Coimbatore and transfer the same to the file of the Family Court at Madurai.
1. The present Transfer Civil Miscellaneous Petition is filed to withdraw the case in HMOP No. 1253 of 2022 from the file of the Family Court at Coimbatore and transfer the same to the file of the Family Court at Madurai.
2. The marriage between the petitioner-wife and the respondent-husband was solemnised on 10.12.2021 as per Hindu Rites and Customs. Due to misunderstanding between the petitioner and the respondent, they are living separately.
3. The learned counsel for the petitioner states that respondent-husband admittedly he is now working at Ireland and the petitioner is unemployed and now residing with her parents at Madurai. Thus she is not in a position to travel all along from Madurai to Coimbatore to contest the dissolution of marriage case filed by the respondent in HMOP No. 1253 of 2022 pending on the file of the Family Court at Coimbatore.
4. The principles regarding transfer petitions, more specifically in the matters of matrim
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 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 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 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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