S. M. SUBRAMANIAM
Sowndarya Bhairavi – Appellant
Versus
Manojkumar – Respondent
ORDER :
Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the O.P. No. 1900 of 2022 pending on the file of 1st Additional Family Court, Chennai and to transfer the same to the file of Family Court, Tiruppur.
1. The petition for transfer is filed to withdraw the O.P. No. 1900 of 2022 pending on the file of 1st Additional Family Court, Chennai and to transfer the same to the file of the Family Court, Tiruppur.
2. The marriage between the petitioner and the respondent was solemnised on 10.04.2019 as per the Hindu Rites and Customs. Due to misunderstanding the petitioner and the respondent are living separately. The respondent filed O.P. No. 1900 of 2022 on the file of the 1st Additional Family Court at Chennai. The petitioner is residing along with her parents and she is unemployed. Therefore, she is not in a position to spend, travel and contest the case filed by the respondent.
3. 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:
Geeta Heera vs. Harish Chander Heera
Mona Aresh Goel vs. Aresh Satya Goel
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 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 ....
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