May 3,2018:

Justice S Raghavendra Chauhan stated that Husband could decide his wife's mode of transport. And should the woman decide to travel by air, it could not be used as a way for the husband to avoid paying the requisite expenses.

In a very thoughtful observation made by the Karnataka High Court while questioning patriarchal notion, HC stated that housewifes are as busy as the professionals.

Karnataka HC was hearing a case where a man challenged a family court's order mandating him to pay his estranged wife travel expenses.

Husband's Counsel submitted that his stay-at-home wife had enough time on her hands to travel via train and did not need to take flights.

High Court however took the view that the wife’s status as a housewife was being dismissed very lightly, when it stated that,

“The first contention raised by the learned counsel that merely because the respondent happens to be a housewife she is free to travel by train, the said contention is highly misplaced. For, the said plea terms the housewife as ‘free’.”

HC Bench pointed out that such notions only reveal deficiencies in understanding gender justice and stated that,“Such a contention merely shows the lack of understanding about the work being carried out by ‘the housewife’.

Justice Raghvendra S Chauhan said that,"It also reveals the lack of gender justice, where large number of persons continue to carry a misnomer that a housewife is “free”. Needless to say, a housewife is as busy as a professional person. After all, she is responsible for looking after the members of the family, and for running the house. To look after the members of the family, and to run the house is not an easy task. Therefore, the first contention raised by the learned counsel is clearly untenable.”

Gaurav (37) had married Shweta (34) in 2009 in Meerut in Uttar Pradesh. However, due to differences between the couple, Gaurav filed for divorce at a family court in April 2016 in Bengaluru, while Shweta was living in Muzzafarnagar, UP.

When Shweta filed a transfer application before the Supreme Court, it was dismissed in July 2017 as Apex Court said she could claim “requisite expenditure” when she needed to travel to attend hearings.

Consequently a family court directed Gaurav in February 2018 to pay travel expenses worth Rs 32,114 to Shweta, who had traveled for attending hearings on November 3, 2017 and February 1, 2018.

However, Gaurav’s counsel argued that because Shweta was a homemaker, she did not fit into the “requisite expenditure” as specified by the Supreme Court. Gaurav contended that Shweta had free time to travel by train instead.

The Karnataka High Court however observed that the Supreme Court has not limited the requisite expenditure to train travel.

HC Bench not only acknowledged that the homemakers are as busy as working professionals, but also said that Gaurav's contention was misplaced and showed want for gender justice.

Karnataka HC Bench concluded by stating that,“A large number of people continue (to believe) that a housewife is ‘free’. A housewife is as busy as a professional. She is responsible for looking after members of family and for running the house, (and it) is not easy.”

Read Order @LatestLaws.com:

Karnataka HC Order on position of a Housewife (Download PDF)

Karnataka HC Order on Position of a Housewife by Latest Laws Team on Scribd

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