Karnataka High Court rejects woman’s plea to transfer matrimonial case, emphasises gender-neutral approach

Court highlights equal treatment for men and women in matrimonial disputes, balancing inconveniences faced by both parties.
Karnataka High Court image used for representational purpose only.
Karnataka High Court image used for representational purpose only.
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BENGALURU: The Karnataka High Court rejected a woman’s request to transfer her matrimonial dispute case pending before a trial court at Narasimharajapura in Chikkamagaluru district, to Hosanagara in Shivamogga district. It observed that the inconvenience projected by her will not be greater than the inconvenience faced by the husband if the case is transferred, as he was looking after their young children, aged 9 and 7.

“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 men are not affected by the cruelty of women. There is a necessity for a gender-neutral society.

Such a society aims to prevent the separation of duties according to gender. It will focus on equal treatment of men and women both in domestic affairs and workplaces... we should not overlook the challenges encountered by men,” said Dr Justice Chillakur Sumalatha. When disputes arose between the 28-year-old woman and her husband, they began residing separately.

The husband filed for dissolution of the marriage, which was pending before the trial court in Narasimharajapura, while she was living in Hosanagara, around 130km away. She claimed she faced many difficulties travelling to attend court.

The husband argued that she had developed an illicit relationship and left home. He was looking after the two children, and had to cook, feed them and send them to school, and then attend court. If the case was transferred, he would face much difficulty, he argued. The court said inconvenience faced by the husband would be more.

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