The Karnataka High Court has refused to transfer a divorce case filed before the Senior Civil Judge, Narasimharajapura, to another court on the wife’s request. Justice Chillakur Sumalatha observed that while safeguarding women is important, the husband’s convenience and responsibilities cannot be ignored.
The wife had argued that she lives in Hosanagara Taluk, Shivamogga District, which is about 130 km away from Narasimharajapura, and claimed difficulty in attending each court hearing due to the long travel.
However, the husband’s counsel pointed out that he is solely taking care of the couple’s minor children. He cooks, feeds them, sends them to school, and also attends the court hearings. If the case were transferred, it would create greater hardship for him and the children.
The Court noted that if the case were moved, the inconvenience to the husband would outweigh the inconvenience claimed by the wife. It further stressed that a transfer petition cannot be allowed merely because it is filed by a woman. All circumstances must be considered fairly.
Highlighting the need for a gender-neutral society, the Court said women often face difficulties, but men too can suffer in family disputes. True equality means fair treatment for both genders without undermining either.
Justice Sumalatha stated, “Equality should be in its truest sense and not at the expense of either gender. While safeguarding women is admirable, the challenges faced by men should not be overlooked.”
Taking into account the husband’s role in caring for the children and his difficulties, the Court dismissed the wife’s plea to transfer the divorce proceedings.
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