The Law Considers Women as the Weaker Section of Society - Bombay HC

Case:  Rahul Uttam Phadtare vs Sarika Rahul Phadtare

The Bombay High Court recently, while transferring a matrimonial case, observed that the law considers women as the weaker section of the society and, thus, their inconvenience must be given crucial importance when considering transfer petitions.

Single-judge Justice Shriram Modak was hearing two transfer petitions, one filed by a wife praying that her husband's plea for restitution of conjugal rights pending in Pune, be transferred to the Thane district.

On the other side, the husband sought the transfer of the wife's divorce petition to Pune.

The Court noted that the husband has custody of the children and has to manage his work and also look after the children. However, since the husband has stated that his mother and sisters look after the children, his request for restitution of conjugal rights could be transferred to Thane, where the wife is currently pursuing a divorce.

In addition, the single bench stated that in such cases, if the wife claims that she was ill-treated during cohabitation with the husband and she fears for her life, her plea can be considered.

The Court also considered the statement of the husband, who undertook to pay for the wife's traveling expenses, whenever she would visit Pune.

The Court found, however, that the husband failed to raise any other "special ground" to prove that the wife could afford to travel to Pune whenever she was required to appear.

By transferring the couple's pending matrimonial cases to Thane, the bench dismissed the husband's plea and allowed the wife's petition.