Karnataka High Court: While considering the instant matter seeking withdrawal and transfer of petition for dissolution of marriage pending before the Court of Senior Civil Judge, Narasimharajapura; the Bench of Chillakur Sumalatha, J.*, took note of the inconvenience that would be caused to the husband as he has been taking care of the children who are under his custody. The Court dismissed the petition opining that the inconvenience projected by the petitioner (wife) to attend the Court at Narasimharajapura, Chikkamagaluru District will not be greater than the inconvenience that will be faced by the husband if the case is transferred.
The Court further said that only because the transfer petition is moved by a woman, the case cannot be transferred. All the attending facts and circumstances will have to be looked into.
Counsel for the wife contended that she resides at Hosanagara Taluk of Shivamogga District. The distance between her place of residence and Narasimharajapura where the case is pending, the distance is around 130 Kms. Thus, she is facing much difficulty to attend the Court on each and every date of adjournment travelling such long distance.
Per contra, counsel for the husband argued that the minor children of the estranged couple are being looked after by the husband only. He has to cook food, feed the children and send them to school and thereafter he is required to attend Court proceedings. If the case is transferred, the husband would face much difficulty and therefore, the petition should not be entertained.
Perusing the matter and the contentions raised by the parties, the Court keeping aside the allegations made against each other by the parties, observed that in case the pending case is transferred then the inconvenience caused to the husband will be more than the inconvenience caused to the wife.
The Court stated that 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 workplaces.
“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”.
Therefore, taking into consideration the husband’s difficulties and the fact that tender aged children would be put to sufferance, the Court dismissed the wife’s petition seeking transfer.
[X v. Y, Civil Petition No. 370 of 2024, decided on 7-1-2025]
*Order by Justice Chillakur Sumalatha
Advocates who appeared in this case :
For petitioner: Sri. Murali B.S, Counsel
For respondent: Sri. Nagalingappa K, Counsel
