Bombay HC Imposes ₹1L Costs On Husband For Opposing Wife’s Plea Seeking Transfer Of Divorce Case
|The Bombay High Court imposed a cost of ₹1 lakh on a man for opposing his estranged wife’s request to transfer their divorce case from the Vasai court in Thane to the Bandra court in Mumbai.
A Bench of Justice Milind Jadhav acknowledged the significant challenges the mother faces in attending court hearings with her 15-month-old daughter, who requires ongoing medical attention. The court recognized that making an eight-hour round trip to the Vasai court is particularly taxing for her, especially considering the logistical difficulties involved in traveling with a young child.
The Court pointed out that commuting on the overcrowded western railway corridor poses substantial difficulties and said, “If the wife has to travel along with her infant/minor daughter, it would be all the more difficult for her to travel, since boarding and alighting from the local train on the western railway corridor at any given time during the day is an extremely difficult proposition considering that trains are overcrowded at all times.”
The Court elaborated on the transportation issues the woman encounters, noting that once she reaches Vasai Road bus station, her options are limited to overcrowded MSRTC buses or expensive auto-rickshaws. He emphasized that these travel conditions further compound her struggles.
Advocate Nazneen Contractor appeared for the Petitioner, while Advocate R.S. Tripathi appeared for the Respondent.
While the husband's lawyer claimed that he was willing to cover the wife's travel expenses, the Court viewed this offer as lacking sensitivity to her circumstances. The Court remarked, “Financially, Respondent - husband is therefore well off. Merely due to that reason, Respondent - husband cannot insist that he will bear the travel cost of the Applicant – wife to attend the proceedings in Marriage Petition in Vasai. The submission made by Mr. Tripathi is without consideration of the Applicant’s case altogether. Not once has Mr. Tripathi considered the fact that the Applicant - wife is required to support and care for her 15 month old infant / minor daughter and if she is to attend the proceedings in Vasai Court, how and who would take care of the child in her absence.”
The Court noted that the father has neglected his parental responsibilities, further complicating the mother’s position. The Court said, “I am inclined to levy exemplary costs on the Respondent – husband of Rs.1,00,000/- to be paid to the Applicant – wife, who in my opinion has clearly endured suffering for the last 21 months from the date of birth of her daughter and further more from the date of filing of the Marriage Petition by the Respondent - husband in the Court of Civil Judge Senior Division, Vasai seeking a decree of divorce under Section 13(1)(i) and or Section 13(1)(ia) of the Hindu Marriage Act, 1955. In my opinion, Applicant – wife deserves the award of costs as it would go a long way in ameliorating her hardship and difficulty in the interest of justice.”
Cause Title: X v. Y, [2024:BHC-AS:39183]
Appearance:
Respondent: Advocates R.S. Tripathi and Mohd. Shahid