The Bombay High Court on Monday imposed a fine 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. The wife, mother of a 15-month-old daughter, sought the transfer due to the challenges of traveling with her child for court hearings [Sarita Rahul Sharma v. Rahul Udayraj Sharma].
Justice Milind Jadhav acknowledged the significant difficulties faced by the young mother, who must manage an infant needing ongoing medical attention, while making an eight-hour round trip to attend the hearings. The Court emphasized that traveling with a young child made the journey nearly impossible, especially given the overcrowded conditions on the western railway corridor.
The Court also pointed out the logistical difficulties the woman faced, explaining that managing her infant during the commute would further complicate her situation. The Court noted that public transport options from Vasai to the court were limited, with buses often overcrowded and auto-rickshaws charging high fares.
Although the husband’s lawyer offered to cover the wife’s travel expenses, the Court found this suggestion insensitive to her struggles. It noted that the husband’s financial offer did not address the core issue of how the wife would care for her infant during the long commute.
The Court criticized the father for neglecting his parental responsibilities, which have unfairly burdened the mother. Consequently, the Court determined that awarding costs was necessary to ease the wife’s difficulties.
In the ruling, Justice Jadhav stated, “In my opinion, the applicant-wife deserves the award of costs as it would go a long way in alleviating her hardship and difficulty in the interest of justice.”
Advocate Nazneen Contractor represented the wife, while Advocates RS Tripathi and Mohd. Shahid appeared for the husband.
