Taking care of child with autism: HC transfers divorce case from Sangrur on woman cop’s plea

“In the case in hand, the most relevant and weighing factor, is the custody of the daughter, who is about five years old, to be with the applicant, more particularly, when she is suffering from ‘autism’,” the court said while deciding in favour of the woman cop

The Punjab and Haryana high court has ordered transfer of a divorce proceedings case from Sangrur to Chandigarh on the plea from a woman cop of Chandigarh Police.

The husband had submitted that the applicant is a working woman and therefore, she should not be facing any difficulty to pursue the divorce petition, which is of civil nature (iStock)

The court noted that even though, the applicant is working as a ‘constable’ and is financially independent, but however, this is one aspect. “At the same time, while looking after her job exigencies, the applicant is also taking care of a special child. Many challenges are bound to be faced by her, as her job is very demanding and even the child suffering from ‘autism’ must be posing several challenges before her, in bringing up, as well as taking care of the treatment of the child,” the bench observed while ordering that requisite record of the case be sent by the family court, Sangrur, to the district and sessions Judge, Chandigarh.

The marriage was solemnised in 2018 and the woman and Sangrur based estranged husband are now living separately. Out of the wedlock, they had a girl child, who is living with the mother. On the plea from husband divorce proceedings are underway at family court Sangrur.

The plea was from the woman who had approached court pleading that to attend the case hearing she has to go to Sangrur. The applicant is though, employed as a constable in Chandigarh Police, but however, on account of the medical ailment of the daughter, it is difficult for her, to pursue the divorce petition, filed by the husband in Sangrur.

The husband had submitted that the applicant is a working woman and therefore, she should not be facing any difficulty to pursue the divorce petition, which is of civil nature.

The court noted that generally, the courts lean towards convenience of the wife, while adjudicating on the transfer application relating to the matrimonial dispute, though, it may not be a thumb rule. “Various other circumstances, spelt out from the material brought on record, ought to be taken into consideration. Each case has to be decided in its own factual background. One distinctive circumstance may change the decision of the transfer application,” it said adding that various factors, such like, the children born from the wedlock of the parties, if any; which spouse is having the custody of the children; the capacity of the said spouse, who is having custody of the child, to upbring the child; the distance between the two places and so on and so forth, are required to be taken into consideration and then balancing of convenience/inconvenience of both the parties has to be done.

“In the case in hand, the most relevant and weighing factor, is the custody of the daughter, who is about five years old, to be with the applicant, more particularly, when she is suffering from ‘autism’,” the court said while deciding in favour of the woman cop.