Women considered as belonging to weaker sections, need to prioritise their inconvenience: HC
A single bench of Justice S M Modak at the Bombay High Court passed the order while hearing two petitions of a woman and her estranged husband.
The law considers women as a class belonging to the weaker section of society that needs more protection, and hence, their inconvenience has to be given priority, the Bombay High Court said, while transferring a matrimonial dispute case from Pune to Mumbai at the woman's request.
A single bench of Justice S M Modak passed the order on August 17, while hearing two petitions of a woman and her estranged husband. A copy of the order was made available on Monday.
The couple has been embroiled in a matrimonial dispute, and they had filed two separate applications in the local courts of Pune and Thane.
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The husband—a resident of Pune—sought for transfer of the application filed in the Thane court, while the Mumbai-based woman sought transfer of the Pune case to Thane.
The man, in his plea, said he has custody of their two minor children, who were cared for by his mother and sister, and hence, he would not be able to keep travelling to Thane.
The wife, in her petition, said that she was unemployed and would not be able to travel to Pune.
While ruling in favour of the woman, Justice Modak noted that the husband has his family to look after the children and has not laid out any other reason for not wanting to travel to Thane.
"The fact that the applicant (wife) is a lady, her inconvenience needs to be given more priority because the law considers woman as a class belonging to the weaker section of society and needs more protection," the court said.
It further held that the woman had come up with a grievance that while living with her husband, she was ill-treated and was apprehensive about again visiting the same city.
Edited by Suman Singh
