Karnataka High Court Denies Wife’s Plea to Transfer Divorce Case, Highlights Need for Gender-Neutral Judgments
The Karnataka High Court recently rejected a wife’s request to transfer a divorce case from Narasimharajapura to another location. The Court stated that while protecting women’s rights is important, it is equally essential to consider the husband’s responsibilities, especially when he is taking care of their young children.
The case was heard by Justice Chillakur Sumalatha, who considered both sides before delivering the judgment.
The wife argued that she lives in Hosanagara Taluk, Shivamogga District, and has to travel 130 km to attend court hearings. She claimed that this long-distance travel was causing her serious inconvenience.
However, the husband explained that he is the sole caregiver of their minor children. He has to cook, feed the children, send them to school, and also attend court proceedings. He said that if the case is transferred, his daily routine and the well-being of the children would be affected.
After reviewing the facts, the Court found that the inconvenience faced by the husband would be greater if the case was transferred, compared to the wife’s travel difficulties.
The Court noted that a transfer request cannot be granted just because it is filed by a woman. All circumstances need to be considered, including the well-being of the children and the responsibilities of both parties.
The judge further stated that the Constitution grants equal rights to both men and women. While women are often seen as victims, it’s important to remember that men can also face difficulties and emotional distress, especially in family disputes.
“Equality must be real and fair, not one-sided. While it’s good to protect women, we must not ignore the challenges that men also face,” the Court observed.
The judgment also emphasized the need for a gender-neutral society, where duties and rights are not divided based on gender. It called for equal treatment of both men and women in family and legal matters.
Because of the husband’s parenting responsibilities and the potential hardship to the children, the Court dismissed the wife’s petition to transfer the case.
Case Details:
Judge: Justice Chillakur Sumalatha
Court: Karnataka High Court
Issue: Petition to transfer divorce case
Outcome: Petition dismissed in favor of husband’s convenience and child welfare
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==
