Court dismisses wife’s petition to transfer divorce case, stresses equal treatment of men and women

synopsis

karnataka hc

Bengaluru: The Karnataka High Court has stated that there is a need for a gender-neutral society that promotes equal treatment of men and women in all aspects of life. This declaration was made while dismissing a petition filed by a wife seeking to transfer a divorce petition to a different court.

Justice Dr. Chillakur Sumalatha highlighted that women are often the primary victims in many situations, but this doesn't mean men are immune to the cruelty of women. The judge stressed that equality should be absolute, without favouring one gender over the other.

“Constitutionally, a female has got equal rights as that of a male. As a matter of fact, women are the primary victims in most situations, but that does not mean that men are not affected by the cruelty of women...Therefore, there is a necessity for a gender neutral society. Such a society aims at preventing separation of duties according to sex or gender. It will focus on equal treatment of men and women both in domestic affairs and work places. Equality should be in its truest sense and not at the expense of either gender,” the judge stated.

In this specific case, the wife had requested to transfer the divorce petition from the Court of Senior Civil Judge in Narasimharajapura to a court in Hosanagara Taluk of Shivamogga District, citing the 130 km distance between her residence and the current court. 

The husband opposed the plea, arguing that his wife had formed an illicit relationship with another person, which led her to leave their matrimonial home and continue the affair. He stated that he is solely responsible for caring for both children, including cooking, feeding, and sending them to school, all while managing his court obligations.

The court ultimately ruled that the husband's convenience couldn't be overlooked, and that the transfer petition couldn't be granted solely because it was filed by a woman. The judge emphasized that all facts and circumstances must be considered, and that the court's decision should prioritize the well-being of both parties, as well as their children.