The Kerala High Court has recently observed that women were not slaves of their mothers and mothers-in-law, but were fully capable of taking their own decisions.
The single-judge Bench of Justice Devan Ramachandran made the observation last week, while hearing a petition filed by a doctor challenging a family court verdict, which dismissed her divorce petition on the grounds that her complaints consisted of ‘ordinary’ wear and tear.
The family court order further urged upon the parties (estranged spouses) to act in line with the ‘sanctity’ of married life and bury their difference of opinion.
Calling the family court order as problematic and patriarchal to the core, the High Court observed that the verdict was not not in line with contemporary thinking. This was not the way the ethos of 2023 should continue, it added.
The single-judge Bench further rejected the submission made by the husband’s lawyer that the issues at hand were easily solvable and could be resolved outside the court. The lawyer pointed out that the family court order had called the wife to listen to what her mother and mother-in-law had to say on the subject.
Noting that a woman has her own mind, Justice Ramachandran said the decisions taken by a woman were not ‘inferior’ to the ones taken either by her mother or mother-in-law.
The High Court said that it could only facilitate an out-of-court settlement if the woman expressed a willingness to consider the option. It said it could only enable the petitioner to make her own choices and recognised her autonomy.
Noting that mediation could not be forcibly imposed on a woman, the Bench remarked that such behaviour exhibited by the husband might be the reason why the woman was forced to leave him.
Telling the husband to behave like a man, the High Court allowed the transfer of divorce case from the Kottarakkara Family Court to Thalassery.
The female doctor had sought transfer of her divorce case on the grounds that Thalaserry was in close proximity to Mahe, where she had relocated with her child for employment purposes.