In a rare and empathetic move, Justice D Bharatha Chakravarthy of the Madras High Court issued a public apology to four women litigants for the insensitive and humiliating questions they faced during cross-examination in a property dispute case.
The case involved a woman and her three daughters who challenged their father’s decision to transfer all his property to his son from a second marriage. The man had married again without divorcing his first wife, simply because she couldn’t bear a male child.
During the trial at the lower court, the father’s lawyer made derogatory remarks, suggesting that the mother had a questionable character and that her daughters were not fathered by her husband. These comments were made without any evidence, purely to insult and humiliate.
While deciding the appeal, Justice Chakravarthy strongly condemned the lawyer’s behavior. He said such misogynistic cross-examinations, especially when unsupported by facts, must be addressed openly instead of being hidden in court records. The judge wrote:
“This Court conveys its apologies to P.W.1 in particular and the plaintiffs in general for the humiliation they were subjected to in court.”
He added that cross-examinations should never aim to shame litigants or leave lasting emotional damage.
Justice Chakravarthy also reassured the daughters that they were equal to sons in the eyes of the law, referring to the Hindu Succession (Amendment) Act, 2005, which grants daughters equal rights in ancestral property.
The Court ultimately ruled that the wife and daughters were entitled to 19/25th shares of the disputed property, while the son from the second marriage would receive 6/25th share.
The case not only set a legal precedent but also highlighted the need for greater gender sensitivity in the Indian judicial system.
Legal Representation:
- For Appellants: Advocate N. Manokaran
- For Respondents: Advocates V. Raghavachari and K.S. Karthik Raja
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