Bombay High Court Imposes ₹1 Lakh Penalty on Husband for Opposing Wife’s Request to Transfer Divorce Proceedings Amid Her Hardships
The Bombay High Court recently provided relief to a woman who was being “compelled” by her estranged husband to endure an eight-hour journey with her 15-month-old pre-term born son to attend divorce proceedings. The court also imposed a fine of Rs 1 lakh on the husband to alleviate the difficulties she faced.
Justice Milind Jadhav, a single-judge, acknowledged the “hardships” faced by the woman and ordered the transfer of the divorce case, initiated by her husband in Vasai (Thane district), to the Bandra Family Court in Mumbai.
The judge highlighted the challenges the woman faced, emphasizing her responsibility to care for her minor son, including addressing his medical needs, while the husband had not contributed financially to ease her situation. Additionally, Justice Jadhav pointed out the arduous nature of the travel from Mahim (Mumbai) to Vasai in Thane district, especially when using local trains. To attend proceedings in Vasai, the woman would need to take a local train from Mahim to Vasai Road Station, then travel by bus from Vasai Road Station to the Vasai Court, located 6.7 km away. This entire journey would have to be repeated on the return trip to Mahim.
“If the wife is required to travel with her minor son, it would be significantly more difficult for her to manage, as boarding and alighting from crowded local trains on the Western Railway corridor is challenging at any time of the day. During this journey, she would need to care for her infant, further increasing her difficulties. Moreover, from the Vasai Road bus station to the Court and back, public transport options are limited to the overcrowded MSRTC buses or auto-rickshaws, which charge exorbitant fares,” stated Justice Jadhav in the order dated October 3.
The Court also observed that while the woman relied on her parents for support, the husband owned three salons in Vasai and had a stable income. The court dismissed the husband’s offer to cover his wife’s travel expenses, arguing that this did not justify her need to travel to Vasai.
“Financially, the husband is well-off. However, this alone does not give him the right to insist on covering the wife’s travel costs to attend the proceedings in Vasai. His argument disregards the wife’s situation entirely. He has not considered the fact that she needs to care for their 15-month-old son, and if she travels to Vasai for the proceedings, there is no one to look after the child,” the bench remarked.
Recognizing the significant challenges faced by the wife, the judge determined that refusing to transfer the divorce proceedings would only add to her burdens.
“The wife is a single mother, responsible for caring for her pre-term infant, who faces ongoing health issues. The child’s well-being must be prioritized. In this case, the mother bears the entire responsibility, while the father has abdicated his duties as a parent, adding to the mother’s and child’s difficulties. The father’s arguments show no remorse or concern,” the judge emphasized.
Consequently, the court transferred the case to the Bandra Family Court and imposed “exemplary costs” of Rs 1 lakh on the husband, to be paid to the wife.
“In my view, the wife has suffered for the last 21 months since the birth of her son, and further from the date of filing of the divorce petition in the Vasai Court. The award of costs is warranted to alleviate her hardship and difficulty in the interest of justice,” the judge concluded.
Appearance:
Advocates Nazneen Contractor and Mr. Kripashankar Pandey represented the wife.
Advocates RS Tripathi and Mohammad Shahid represented the husband.
