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P. VADAMALAI
D. Iswariya – Appellant
Versus
V. Venkatramana – Respondent
ORDER :
(P. Vadamalai, J.)
(PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case in F.C.O.P.No. 229 of 2024 on the file of the District Judge of Family Court, Erode and transfer the same to the Family Court, Trichy.)
This Transfer Civil Miscellaneous Petition is filed seeking for an order to withdraw the F.C.O.P.No.229 of 2024 on the file of Family Court, Erode and to transfer the same to the file of the Family Court, Trichy.
2. The petitioner herein is the wife of the respondent. The marriage between the petitioner and respondent was solemnized on 24.03.2019 according to Hindu customs. Out of wedlock, the petitioner gave birth a male child on 22.05.2021. It is alleged that as the respondent started harassment on the petitioner and demanded more dowry at the instigation of his family members. Hence, misunderstandings arose between them and the petitioner was driven out from the matrimonial home. She is now residing with her parents. Thereafter, the respondent filed the petition in F.C.O.P.No.229 of 2024 before the Family Court, Erode, seeking divorce against the petitioner.
3. The learned counsel for the petitione
In matrimonial transfer petitions, the wife's convenience is paramount, and jurisdiction is determined by her residence.
In matrimonial transfer petitions under Section 24 CPC, the wife's convenience must be prioritized.
In matrimonial transfer petitions, the convenience of the wife is the primary consideration, as established by recent Supreme Court rulings.
In matrimonial transfer petitions, wife's convenience must be considered primarily for dispensing justice.
In matrimonial matters, transfer petitions prioritize wife's convenience under Section 24 C.P.C.
Wife's convenience prioritized in matrimonial transfer petitions under Section 24 CPC.
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