Sunday, February 5, 2023

Convenience of women will be given preference while deciding transfer petitions: Supreme Court

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The Apex Court said that a wife’s convenience is paramount when it comes to petitions for transfer of matrimonial cases.

A bench comprising of Justices MR Shah and Justice Hima Kohli, said that the on a transfer petition filed by a wife on the ground that she was suffering from cancer.

The husband’s argument that the wife’s claim cannot be believed since there were photographs of her travelling, vacationing and scuba diving was rejected by the Court.

The husband said that he wants to file a counter my lord. I have to do justice by my client. I have photos showing her travelling,”

Justice Hima Kohli asked how will court know when those photos were taken? She further said that do not aggravate the situation by filing such photos. Heavens will not fall.

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Justice Shah added that convenience of the wife matters equally.

The bench then proceeded to allow the wife’s plea for transfer.

The Top Court had recently allowed another transfer plea while emphasising that wife’s convenience is paramount.

The Court had observed that calling women a weaker sex is unacceptable.

The Court said that it will continue to give preference to the convenience of women while deciding transfer petitions.

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