Read Time: 05 minutes

Synopsis

The Karnataka High Court, emphasising the need for a gender-neutral society, rejected a wife’s petition to transfer a divorce case. The court also underscored that the transfer petition could not be granted merely because it was filed by a woman and stated that a balanced evaluation of facts was required.

A Single judge bench of Justice Chillakur Sumalatha, observed: “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 necessity for a gender neutral society.”

The petitioner wife sought the transfer of a divorce petition from the Senior Civil Judge's Court in Narasimharajapura, Chikkamagaluru District, to the Senior Civil Judge's Court in Hosanagara, Shivamogga District. The petitioner argued that the 130-kilometer distance from her residence to Narasimharajapura posed significant challenges for her to attend court hearings regularly.

Opposing the petition, the respondent husband highlighted his role as the sole caregiver for the couple’s two minor children, aged nine and seven. The respondent contended that transferring the case would impose additional burdens on him, disrupting the children’s routine and increasing his difficulties in managing daily responsibilities.

The court assessed the overall circumstances, including the welfare of the children, who were under the father’s care. “Only because the transfer petition is moved by a woman, transfer of the case as sought for cannot be effected,” the court remarked.

The court ruled in favour of the husband, stating that, “the inconvenience which the respondent-husband would face to attend the Court would be more than that of the petitioner-wife as the respondent-husband is taking care of the children and the children are under his custody.” Additionally, the court found that transferring the case would impose unnecessary hardships on the tender-aged children under the respondent's care.

“Equality should be in its truest sense and not at the expense of either gender. However admirable our efforts to safeguarding women may be, we should not overlook the challenges encountered by men in our society,” the court emphasised.

Consequently, the court dismissed the petition finding that greater inconvenience will be faced by the respondent-husband if the transfer of the case is effected.

 

Cause Title: ABC v. XYZ [Civil Petition No. 370 of 2024]

Appearances: For Petitioner: Advocate Sri. Murali B. S.; For Respondent: Advocate Sri. Nagalingappa K.