Saturday, August 20, 2022

Matrimony Case transfer petition: HC dismisses woman’s plea, calls it most misused provision to harass poor husband

The Bench of Justice Fatehdeep Singh, after hearing the matter, said that the husband has invoked his right of restitution of conjugal rights and to argue, the wife had sought maintenance.

The woman, through her counsel, contended that she has two minor daughters to look after and it is not possible for her to attend the hearings daily. (File)

Dismissing the application of a woman seeking transfer of a matrimonial dispute case filed by her husband to her hometown in Moga, the Punjab and Haryana High Court (HC) has said that, “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.”

The woman, through her counsel, contended that she has two minor daughters to look after and it is not possible for her to attend the hearings daily. Thus, she sought the transfer of the case from faridkot family court to the competent court in Moga.

The Bench of Justice Fatehdeep Singh, after hearing the matter, said that the husband has invoked his right of restitution of conjugal rights and to argue, the wife had sought maintenance. 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.

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Justice Singh added, “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 HC said that the presence of the petitioner is not needed everyday and she can instruct her counsel accordingly.

First published on: 25-06-2022 at 08:51:51 am