In a significant ruling, the Bombay High Court has emphasized that women, as a weaker section of society, need more protection in legal proceedings. The case involved two transfer applications: one filed by a wife seeking to transfer a restitution petition filed by her husband from the Family Court in Pune to the Court of Civil Judge, Senior Division, Thane, where her divorce petition is pending. The husband, on the other hand, wanted to transfer the wife’s divorce petition to the Family Court in Pune.
Justice S. M. Modak examined Section 21A of the Hindu Marriage Act, noting that it deals with transferring petitions seeking various reliefs. In this case, one petition sought divorce, while the other sought restitution. Since restitution is not covered under Section 21A, both petitions needed to be decided under Section 24 of the Code of Civil Procedure.
The High Court stated that since the wife is the applicant in the Miscellaneous Civil Application, her inconvenience should be given priority. The court noted, “The law considers women to be a weaker section of society and needs more protection.”
The bench further stated, “If the wife claims that she was ill-treated during cohabitation and fears for her life if she visits the husband’s place, this can be considered a valid ground for transfer.”
Considering these factors, the court rejected the husband’s transfer application and allowed the wife’s transfer request.
Case Title: Rahul Uttam Phadtare v. Sarika Rahul Phadtare
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
