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

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

The Karnataka High Court recently dismissed a wife’s request to transfer a divorce case from the Senior Civil Judge’s Court in Narasimharajapura. The court emphasized that while ensuring women’s safety is essential, the husband’s challenges should not be overlooked, especially since he is responsible for the couple’s children.

Court’s Ruling

Justice Chillakur Sumalatha ruled that the wife’s inconvenience in traveling to Narasimharajapura, Chikkamagaluru District, is not greater than the difficulty the husband would face if the case were transferred. The court noted that the husband is the primary caregiver for the children, handling their daily needs while attending court proceedings.

Wife’s Argument

The wife’s lawyer argued that she resides in Hosanagara Taluk, Shivamogga District, which is about 130 km from Narasimharajapura. Due to the long distance, she faces significant difficulty attending court hearings.

Husband’s Argument

The husband’s counsel countered that the husband, as the sole caretaker of the children, has additional responsibilities such as cooking, feeding them, and ensuring their education. If the case were transferred, his situation would become even more challenging.

Gender-Neutral Approach

The court emphasized the importance of gender equality, stating that both men and women should receive fair treatment. While women often face hardships, it does not mean that men do not experience difficulties. A truly equal society should ensure fairness for both genders.

Conclusion

Taking into account the husband’s responsibilities and the well-being of the children, the Karnataka High Court rejected the wife’s plea to transfer the case. The ruling reinforces the need for balanced consideration of both parties’ challenges in legal disputes.

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