Matrimonial dispute: Punjab and Haryana High Court dismisses woman's plea to transfer case

Chandigarh, April 20

The Punjab and Haryana High Court has asserted that a court should not be swayed by emotions tilting towards the fairer sex. The assertion by Justice Fateh Deep Singh came on a case transfer petition filed by a wife in a matrimonial dispute.

Justice Fateh Deep Singh asserted there was a clamour for equity of sexes in this modern era. But merely because the applicant was a wife, the court should not be swayed by emotions tilting towards the fairer sex.

Justice Fateh Deep Singh added one could decipher from the pleadings that the husband was a “dealer”, while the petitioner was a housewife. Making him attend the proceedings at a far off place by virtue of the transfer plea would further be a cause of harassment to the husband already seeking restitution of conjugal rights.

Justice Fateh Deep Singh further added the wife could not be allowed to take undue benefit of her own wrongs. “The present petition is nothing but a sweet revenge by the wife to force the husband not to seek his rights under the law.”

Dismissing the plea, Justice Fateh Deep Singh added invocation of jurisdiction under Section 24 of the CPC on transfer of a suit or trial from one court to the next subordinate court was not to be rightly inferred unless and until there were bonafide compelling reasons for the court to come to the aid of the applicant.