Bombay High Court: Law Considers Women as a Weaker Section, Deserves More Protection
In a recent case, the Bombay High Court emphasized that women are considered a weaker section of society under the law and must receive greater protection and priority in legal matters, especially in matrimonial disputes.
This observation was made while deciding on two transfer petitions — one filed by a wife and the other by her husband. The wife wanted to transfer the Restitution of Conjugal Rights petition filed by her husband from the Family Court in Pune to the Court of Civil Judge (Senior Division), Thane, where her divorce petition is already pending. Meanwhile, the husband requested the opposite — that the divorce case be moved to Pune.
Court’s Legal Observation
Justice S. M. Modak examined Section 21A of the Hindu Marriage Act, which allows for the transfer of cases related to marriage, such as divorce. However, since the husband’s petition was for restitution of conjugal rights, which is not covered under Section 21A, the court held that the matter must be dealt with under Section 24 of the Civil Procedure Code (CPC), which governs case transfers for convenience or safety.
Safety and Convenience of Woman Prioritized
The High Court clearly stated that since the wife is the applicant and a woman, her inconvenience and safety must be given more importance. The judge said:
“The law treats women as a more vulnerable section of society, and therefore, they need more protection. If a woman claims that she was mistreated during cohabitation and fears for her safety in the husband’s city, that is a valid ground for transferring the case.”
Final Verdict
The court dismissed the husband’s application for transfer and approved the wife’s request, allowing her divorce petition to continue in Thane.
Case Title:
Rahul Uttam Phadtare v. Sarika Rahul Phadtare
This case highlights how courts are increasingly giving priority to the safety and well-being of women, especially in sensitive family disputes.
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