Karnataka HC Declines Wife's Plea To Transfer Divorce Case, Says Safeguarding Women Is Admirable But Husband's Convenience Can't Be Overlooked

The Karnataka High Court has said that there should be a gender-neutral society which aims at preventing separation of duties according to sex or gender and the focus should be on equal treatment of men and women both in domestic affairs and workplaces.

The court disallowed a plea for transfer of a divorce petition filed by the wife and stated that the husband's convenience cannot be overlooked. Only because the transfer petition is moved by a woman, transfer of the case as sought cannot be effected, it said.

Justice Dr Chillakur Sumalatha, held, “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 court emphasised that “However admirable our efforts to safeguarding women may be, we should not overlook the challenges encountered by men in our society.”

Background

The court opined thus while dismissing a petition filed by a wife seeking to transfer the divorce petition filed by the husband before the Court of Senior Civil Judge, Narasimharajapura to a court in Hosanagara Taluk of Shivamogga District.

It was contended that the distance between her place of residence and Narasimharajapura where the case is pending is around 130 Kms, thus she is facing many difficulties in attending the Court on every date.

The husband opposed the plea submitting that the wife developed illicit intimacy with another person and left the matrimonial home to continue the said relationship. Both the children are being looked after by him only. He has to cook food, feed the children and send the children to school and thereafter he is required to attend Court proceedings.

It was submitted that if the case is transferred, the respondent thus would face many difficulties and therefore, the petition should not be entertained.

On going through the pleading the bench said: “Keeping aside the allegations laid against each other, 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.”

“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,” it added.

Following this, it held “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.”

Accordingly, it dismissed the petition.

Appearance: Advocate Murali B. S for Petitioner.

Advocate Nagalingappa K for Respondent.

Citation No: 2025 LiveLaw (Kar) 20

Case Title: ABC AND XYZ

Case No: CIVIL PETITION NO. 370 OF 2024

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