KARNATAKA HIGH COURT: TRANSFER PETITION DECIDED IN FAVOR OF HUSBAND

WHAT IS TRANSFER PETITION!

The Constitution of India is the fountainhead from which all our laws derive their authority and force. Transfer petitions can be presented at various stages of a trial. They can be presented before the High Court or the Supreme Court. They seek that depending on a just cause or reason, you request the Court to transfer your case to another district or State.

WHEN IS TRANSFER PETITION FILED!

The accused person has reasonable grounds to believe that he/she may not get a fair trail at the hands of a particular judge, then the accused shall have the right to get his/her case transferred in another court. This principle is widely recognized and is considered as unobjectionable. The petitioner is required to show circumstances that gives rise to the apprehension in his/her mind regarding the unfair trail.

TRANSFER PETITION WHEN FILED UNDER THE CODE OF CIVIL PROCEDURE

• When there is an inconvenience on the part of the plaintiff
• When there is an inconvenience on the part of the defendant
• Where transfer would avoid unnecessary expenses and delay
• When there is an reasonable apprehension in the mind of the litigant that he/she might not get justice in that particular court where the suit is pending

TRANSFER PETITION WHEN FILED UNDER THE CODE OF CRIMINAL PROCEDURE

• When transfer become necessary to ensure fair and impartial trial
• When transfer causes general convenience to the parties and the witnesses
• When it is expedient for the end of justice

KARNATAKA HIGH COURT JUDGEMENT REGARDING THE TRANSFER PETITITON CASES!

The Karnataka High Court, in dismissing the wife’s petition to transfer the divorce case, emphasized that the husband’s inconvenience outweighed the wife’s and stressed the importance of a gender-neutral society.

The Court pointed out that just because the petition was filed by a woman, it should not automatically lead to the transfer of the case. “All the relevant facts and circumstances need to be considered,” it observed. Justice Chillakur Sumalatha, in her ruling, stated, “Constitutionally, women have equal rights to those of men. While women are often the primary victims in many situations, it does not imply that men are not also affected by women’s cruelty.

Hence, there is a need for a gender-neutral society. Such a society seeks to avoid assigning roles based on gender and promotes equal treatment for both men and women, both at home and in the workplace. Equality must be genuine and not at the expense of either gender. While it is commendable to safeguard the rights of women, we must also recognize the difficulties faced by men in society.”