Thus holding that the wife cannot be allowed to take undue benefit, the bench dismissed the transfer application filed by the woman. (File) The Punjab and Haryana High Court has dismissed a woman’s plea to transfer a matrimonial case to her home town, Patiala, observing that “merely because the applicant is a wife, the court should not be swayed by emotions tilting towards fairer sex”. The case is currently underway in Amritsar where the woman’s husband resides.
The woman through her lawyer said that she had filed a police complaint against her husband in Patiala, but later that dispute was resolved. But the couple fell apart again later and then a complaint under Section 9 of the Hindu Marriage Act for restitution of conjugal rights was thus filed by her husband before the Court of Additional Principal Judge, Family Court, Amritsar.
The woman then moved the HC to get the case shifted to Amritsar. The couple has two daughters, aged 12 years and 8 years, and the wife is residing with her parents.
The bench of Justice Fateh Deep Singh said, “In this modern era, there is a clamour for equity of sexes and merely because the applicant is a wife, the court should not be swayed by emotions tilting towards fairer sex.”
The judge added, “What one could decipher that the husband is a dealer while the wife is a house wife and by making the husband attend the proceedings at a far off place by virtue of this transfer plea has been put forth would further be a cause of harassment to the husband who is already seeking restitution of conjugal rights.”
Thus holding that the wife cannot be allowed to take undue benefit, the bench dismissed the transfer application filed by the woman.
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