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S. M. SUBRAMANIAM
S. Poongodi – Appellant
Versus
Selvakumar – Respondent
ORDER :
1. The petition for transfer is filed to withdraw HMOP No.219 of 2020 on the file of the Subordinate Judge at Sivakasi, Virudhunagar District and transfer the same to the Subordinate Judge at Thiruvottiyur, Thiruvallur District.
2. The marriage between the petitioner and the respondent was solemnised on 30.10.1998 as per the Hindu Rites and Customs. Two children were born from the wedlock and both are daughters. The first daughter has got married and living separately. The second daughter is living with the petitioner. The respondent / husband filed HMOP No.219 of 2020 on the file of Sub-Court, Sivakasi, Virudhunagar District for dissolution of marriage.
3. Learned counsel for the petitioner states that the petitioner is unemployed and depending on her parents for her livelihood. Therefore, she is not in a position to spend, travel and contest the case filed by the respondent / husband in HMOP No.219 of 2020 on the file of Sub-Court, Sivakasi, Virudhunagar District. The petitioner is now residing at Thiruvottiyur, Thiruvallur District and thus the case has to be transferred for effective adjudication.
4. The principles regarding transfer petitions, more specifically in the matt
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, as per Section 19(iii)(a) of the Hindu Marriage Act.
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, as per Section 19 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 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(iii)(a) of the Hindu Marriage Act in transfer petitions for matrimonial cases.
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 of the Hindu Marriage Act.
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 ....
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