A single judge of Bombay High Court at Nagpur refused to transfer a matrimonial case.

From Para 3,

3. The said application is strongly opposed by the non-applicant on the ground that, the applicant has suppressed several material facts and does not come with clean hand before this Court. He submitted that, though applicant has filed the petition under the provisions of Act of 2005, she never faced any cruelty or any domestic violence at the hands of the present non-applicant and his family members. In fact, the family members of the applicant gave a threat to his life as well life of his family members and they have already attacked on them and therefore, he filed an application before the learned Judicial Magistrate First Class, Malegaon seeking directions to the police to investigate in the matter. After hearing and after considering his application, the learned Judicial Magistrate First Class, Malegaon directed the Police to lodge/registered the First Information Report (hereinafter referred to as “FIR”) against the present applicant and her family members. Thus, if the matter is transferred to Malegaon, there is a life threat to his life as well as life of his family members and therefore, the application deserves to be rejected.

From Para 6,

6. Per contra, the learned counsel for the non-applicant has placed reliance on the decision of Karnatka High Court in the case of Smt. Sushmitha B.L. @ Uma W/o Sri. Raghavendra B.R. ..vs.. Sri Raghavendra B.R. S/o Sri Ravindra Naik, in Civil Petition No.370/2024 wherein, the Karanata High court has observed that, 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 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 expenses of either gender. However, admirable our efforts to safeguarding women may be, we should not overlook the challenges encountered by men in our society and rejected the application.

Citations:

Other Sources:

https://indiankanoon.org/doc/196783536/

Index of Transfer judgments is here.