Justice Fateh Deep Singh of the Punjab and Haryana High Court dismissed the application of a woman seeking transfer of a matrimonial dispute case filed by her husband to her hometown in Moga.
The High Court has said,
It is the most misused provisions under the law that are being put to use by the fair sex to harass the poor husband, who is trying to seek his matrimonial rights.
A woman, through her counsel, had filed a transfer petition in a matrimonial case, contending that she has two minor daughters to look after and it is not possible for her to attend the hearings daily. She sought the transfer of the case from Faridkot family court to the competent court in Moga (which is only 50kms).
The husband had invoked his right of restitution of conjugal rights and to argue, the wife had sought maintenance.
Punjab & Haryana High Court
Justice Fateh Deep Singh heard the matter and said,
A complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 is itself suggestive of the reticence by the wife in undergoing her obligations towards the marriage.
Adding further, Justice Singh remarked,
It is a matter of common knowledge that the distance between Faridkot and Moga is hardly 30 minutes. The courts are supposed to be slow in entertaining such matters as it is the most misused provisions under the law that are being put to use by the fair sex aimed to harass the poor husband, who is trying to seek his matrimonial rights.
Dismissing the transfer application, the High Court said that the presence of the petitioner is not needed everyday and she can instruct her counsel accordingly.
"Transfer Petition By Wife In Matrimonial Cases Most Misused Provision Aimed To Harass Poor Husband Trying To Seek His Matrimonial Rights" | Justice Fateh Deep Singh, Punjab & Haryana HC
▪️Wife filed for maintenance; Transfer from Faridkot to Moga(30min)https://t.co/IaXOVdCSQB
— Voice For Men India (@voiceformenind) June 28, 2022
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