In a significant decision, the Bombay High Court imposed a ₹1 lakh fine on a man who objected to his wife’s request to transfer their divorce case. The wife, a young mother caring for their 15-month-old daughter with medical needs, had sought to shift the case from Vasai in Thane to a court in Bandra, Mumbai, citing the extreme hardship of traveling with her child.
Justice Milind Jadhav acknowledged the immense challenges faced by the mother, who was required to undertake an arduous eight-hour journey for court hearings. The difficulties were exacerbated by overcrowded trains and limited public transport options, which made her travel experience both exhausting and financially draining.
The Court pointed out that the husband’s offer to cover his wife’s travel expenses did not address the core issue. Justice Jadhav noted that the father had distanced himself from his parental responsibilities, leaving the mother to shoulder the burden of childcare entirely. The Court stressed that financial compensation alone would not solve the logistical and emotional toll placed on the mother.
In response to the husband’s insensitive stance, the Court remarked that merely offering to pay travel costs while ignoring the reality of the mother’s situation was dismissive of her challenges. The husband’s approach, according to the Court, showed a lack of consideration for the mother’s role in caring for their child and attending court.
In light of these circumstances, the Court concluded that the imposition of costs was not only justified but necessary to ease the strain on the mother, allowing her to pursue the divorce proceedings without undue hardship.
