Karnataka High Court has come to the aid of a woman fighting for her rights in a divorce case. The court set aside an order by a family court that demanded the wife, Sindhu Boregowda, to bear the substantial travel expenses of her husband, Yashwanth Bhaskar BP, from the USA to Bengaluru for cross-examination purposes.

Justice Krishna S Dixit, presiding over the case, emphasized that such a condition would unduly hinder the wife's ability to cross-examine her husband, a vital aspect in a matter as grave as the dissolution of their marriage. The court strongly asserted that parties should not be burdened with conditions they cannot reasonably fulfill.

Highlighting the seriousness of the issue at hand, the court held that it cannot impose an unjust condition that effectively denies the petitioner the opportunity to cross-examine her husband. The principle of justice, the court declared, does not support such an untenable condition.

The appeal was lodged by Sindhu Boregowda, who argued that she was already receiving a monthly maintenance amount of ₹20,000, some of which was still outstanding. Consequently, she questioned the justification for imposing such a substantial financial burden on her.

Her husband, Yashwanth Bhaskar BP, opposed the appeal and defended the family court's order and reasoning.

Notably, the High Court acknowledged that the family court had already granted monthly maintenance to the petitioner, recognizing her lack of livelihood. Given this fact, the court expressed surprise at the family court's decision to burden Sindhu with the travel expenses of her gainfully employed husband.

The court underscored that Yashwanth Bhaskar BP was not financially incapable of traveling to India, as he himself initiated the legal proceedings. Taking this into consideration, the court quashed the family court's order, finding it unfair and oppressive.

While acknowledging that Sindhu may have made an error by not examining her husband during his stay in Bengaluru, the court found her explanation reasonable. Both parties expressed their willingness to conduct cross-examination via video conference, further strengthening the court's decision.

With this ruling, the Karnataka High Court has demonstrated its commitment to upholding justice and safeguarding the rights of individuals, particularly in sensitive matters like divorce cases. The petitioner was represented by advocate Sris N Bhat, while advocate Ganesh H Kempanna represented the respondent.

This landmark judgment marks a significant step towards ensuring fairness and equality in matrimonial disputes, setting a precedent that will protect the rights of individuals in similar circumstances.

Case Title: Sindhu Boregowda vs Yashwanth Bhaskar BP