Observing that inconvenience to a lady “needs to be given more priority because the law considers women as class belonging to weaker section of society and needs more protection”, the Bombay High Court has allowed her petition seeking transfer of matrimonial plea from Family Court (FC) in Pune to FC in Thane, where she is currently residing.
Justice Shriram Modak, passed the order last week while hearing transfer petitions filed by both, the wife and husband.
The wife has filed divorce petition before the Thane FC. she sought that the petition filed by husband at Pune FC, seeking restitution of conjugal rights, be transferred to Thane FC since she is residing there now with her parents.
The husband, on the other hand, has sought that the divorce plea filed by the wife be transferred to Pune FC.
The court noted that the husband has the custody of their children and sorry from looking after them, he has to take manage his business.
However, justice Modak opined that since the husband himself has stated that children are looked after by his mother and sisters, his plea for restitution for conjugal rights could be transferred to Thane, where the wife's divorce plea is already pending.
"Even though this reason (of husband) may be of some importance, the fact that the applicant (wife) is a lady, her inconvenience needs to be given more priority because the law considers women as class belonging to weaker section of society and needs more protection," the Court said.
The court even considered the husband’s willingness to pay for the wife’s travel to Pune for the hearing.
However, the Court observed that the husband didn't raise any other "special ground" to show that the wife was financially sound to travel to Pune for every hearing.
Justice Modak hence dismissed the husband's plea for transfer and allowed the wife's petition by transferring the pending matrimonial cases to Thane FC.
