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Karnataka HC Rejects Wife’s Plea to Transfer Divorce Case, Highlights Husband’s Role

Karnataka HC Rejects Wife’s Plea to Transfer Divorce Case, Highlights Husband’s Convenience

The Karnataka High Court recently declined a wife’s request to transfer a divorce case from the Senior Civil Judge Court in Narasimharajapura, Chikkamagaluru District. The Bench, led by Justice Chillakur Sumalatha, ruled that the husband’s convenience and responsibilities toward his children could not be overlooked.

The wife argued that she resides in Hosanagara Taluk, Shivamogga District, and traveling approximately 130 km to attend court sessions caused significant inconvenience. However, the husband, who has custody of their children, countered that transferring the case would disrupt his ability to manage their daily care, including cooking, feeding, and ensuring their education.

After examining both sides, the Court determined that transferring the case would create more inconvenience for the husband than for the wife. Justice Sumalatha emphasized that while efforts to protect women are commendable, they should not come at the cost of neglecting men’s challenges, particularly in a gender-neutral society.

The judgment also stressed the importance of equality in society, stating that both men and women deserve fair treatment, not at the expense of the other gender. Highlighting the need for balance, the Court remarked, “Equality should be in its truest sense and not at the expense of either gender.”

Considering the husband’s responsibilities toward the children and the potential disruption transferring the case would cause, the Court dismissed the wife’s petition.

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