In a landmark ruling, the Karnataka High Court emphasized the need for a gender-neutral society, acknowledging that men, too, can be victims of cruelty in marital disputes. Justice Dr. Chillakur Sumalatha made this observation while dismissing a transfer petition filed by a woman in a divorce case.
The woman sought the transfer of proceedings from a court in Chikkamagaluru district to Shivamogga district, citing difficulties in traveling 130 kilometers to attend hearings. However, the Court noted that her estranged husband, who is the primary caregiver of their two minor children, would face even greater hardship if the case were moved.
“Constitutionally, a female has got equal rights as that of a male. As a matter of fact, women are the primary victims in most situations, but that does not mean that men are not affected by the cruelty of women. Therefore, there is necessity for a gender-neutral society. Such a society aims at preventing separation of duties according to sex or gender,” the Court stated.
The husband’s counsel argued that transferring the case would disrupt his responsibilities as a caregiver, which include cooking, feeding, and sending the children to school. The Court agreed, stressing that the inconvenience to one party cannot be overlooked solely because the other is a woman.
Justice Sumalatha’s order, delivered on January 7, highlights the judiciary’s evolving approach to marital disputes, advocating for fairness and equality regardless of gender. The ruling serves as a reminder that legal proceedings must account for the realities faced by all parties involved, fostering a balanced approach to justice.
