The Bombay High Court recently highlighted that the law views women as a weaker section of society, needing more protection, particularly in legal matters. This decision came in the context of two transfer applications—one filed by the wife and the other by the husband.
The wife sought the transfer of her husband’s Restitution Petition from the Family Court in Pune to the Civil Judge’s Court in Thane, where her divorce petition was already pending. On the other hand, the husband wanted to move the divorce petition to the Pune Family Court, where his Restitution Petition was being heard.
Justice S. M. Modak, presiding over the case, examined Section 21A of the Hindu Marriage Act. The court noted that while this section allows for the transfer of petitions, it does not specifically mention restitution petitions. Therefore, both applications were considered under Section 24 of the Civil Procedure Code.
The court emphasized that since the wife, as the applicant, expressed concerns about her safety and inconvenience, her request should be prioritized. The bench remarked, “The law considers women as the weaker section of society, and they need more protection.” If the wife feared for her safety in visiting the husband’s residence due to past ill-treatment, this could be valid grounds for transferring the case.
As a result, the court dismissed the husband’s application and approved the wife’s request for the transfer of the case.
Case Title: Rahul Uttam Phadtare v. Sarika Rahul Phadtare
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