READ ORDER | Merely Because Applicant Is Wife, Court Should Not Be Swayed By Emotions Tilting Towards Fairer Sex: Punjab & Haryana High Court

The Punjab and Haryana High Court in its order dated April 01, 2022 dismissed a plea filed by a woman who sought transfer of the matrimonial case to her home district as it observed,

Merely because the applicant is a wife, the Court should not be swayed by emotions tilting towards the fairer sex.

Case:

The applicant wife – after her matrimonial dispute with the husband – had led the parties to multifarious claims and counter claims against each other.

Wife is a resident of Nabha in District Patiala and had moved a complaint against husband before the police at Patiala and after the parties resolved their dispute had again fallen apart and which led to instituting of a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights (RCR).

The couple has two daughters aged 12 years and 8 years. Wife is residing with her parents and thus there is no trouble in wife looking after the children. 

Punjab & Haryana High Court

The bench of Justice Fateh Deep Singh was dealing with the plea the wife who sought transfer of this RCR case instituted by her husband – from Amritsar (where the petition was filed) to Patiala (where the petitioner-wife lives).

At the outset, the Court observed that in this modern era, there is a clamor for equity of sexes and merely because the applicant is a wife, the Court should not be swayed by emotions tilting towards the fairer sex.

Further, the Court also took into account the fact that the petitioner’s husband is a dealer while she is a house wife and therefore if the husband would be made to attend the proceedings at a far off place (in Patiala) by virtue of the instant transfer plea, it would further be a cause of harassment to the husband who is already seeking restitution of conjugal rights.

Considering that the daughters resided with the mother, the Court also opined that since the wife is residing with her parents, thus, the daughters could be looked after by her parents. Dismissing the plea for transfer of case, the Punjab & Haryana High Court said,

The wife cannot be allowed to take undue benefit of her own wrongs and rather the present petition is nothing but a sweet revenge by the wife to force the husband not to seek his rights under the law and more so the invocation of a jurisdiction under Section 24 of the CPC is not to be rightly inferred unless and until there are bonafide compelling reasons for the Court to come to the aid of the applicant.

MDO Take:

• We are living in times where every single law is in favour of the wives and husbands are literally at the mercy of judges
• In such a scenario, it is commendable for Justice Fateh Deep Singh to make strong remarks which reflect reality, and not permit transfer of the case – where a working husband will have to travel several kilometers, while a fully abled homemaker wife could end up deriving more comfort
• The judge has hit the nail on the head by calling out the farce of equality and rejecting special privilege to transfer the matrimonial matter – just because the applicant is a woman 
• We sincerely hope more and more judges give balanced orders without having any bias towards either genders

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READ ORDER | "Merely Because Applicant Is Wife, Court Should Not Be Swayed By Emotions Tilting Towards Fairer Sex": Punjab & Haryana High Court

"Present petition is nothing but sweet revenge by Wife to force Husband not to seek his rights under the law"https://t.co/gipT8WR99R

— Men’s Day Out (@MensDayOutIndia) April 20, 2022

 

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