A single Judge of Karnataka High Court, refused to transfer a divorce case stating that the inconvenience that will be faced by the respondent-husband if the transfer of the case is effected will be more.
From Paras 6-8,
6. 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 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.
7. Only because the transfer petition is moved by a woman, transfer of the case as sought for cannot be effected. All the attending facts and circumstances have to be looked into.
8. This Court is of the view that the inconvenience projected by the petitioner to attend the Court at Narasimharajapura, Chikkamagaluru District will not be greater than the inconvenience that will be faced by the respondent-husband if the transfer of the case is effected. Also the tender aged children would be put to sufferance. Therefore, this Court is of the view that the relief sought for cannot be granted.
Sushmitha B.L. Vs Raghavendra B.R on 07 Jan 2025
Citations:
Other Sources:
https://www.casemine.com/judgement/in/677ee68875ee7076ea27c32d
Index of Transfer judgments is here.
Shades of Knife
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