Jammu And Kashmir: In a landmark ruling, the High Court of Jammu and Kashmir and Ladakh has taken a significant step towards gender equality by calling for an end to the derogatory labeling of women as “divorcees.” On Thursday, the court emphasized the need to eliminate this “bad practice” and directed that any legal motion, petition, or appeal containing the term associated with a woman should not be registered.
Justice Vinod Chatterji Koul, leading the bench, expressed concern over the societal implications of such labeling. “It is very painful to see how a woman, even as of today, is being treated,” he stated. The court highlighted the inconsistency in how men and women are referred to in divorce cases, suggesting that if women are labeled as “divorcees,” then men should similarly be called “divorcers,” which the court deemed inappropriate.
To address this issue, the court ordered the issuance of a circular instructing all subordinate courts to reject any motions or petitions that include the term “divorcee” in reference to women. This directive aims to foster a more respectful and equitable legal environment for women facing matrimonial disputes.
The court’s observations came during the dismissal of a review petition related to a case involving a matrimonial dispute. It was noted that the use of the term “divorcee” in the cause-title was unbecoming and indicative of a mindset that perpetuates gender bias.
In addition to the ruling, the court imposed a penalty of Rs. 20,000 on the review petitioner for his use of the term, mandating payment within one month. Failure to comply will result in recovery actions by the court’s registry.
This decision marks a crucial moment in the ongoing struggle for gender equality within legal frameworks and societal norms, reinforcing the notion that terms used in legal contexts should reflect dignity and respect for all individuals, regardless of their marital status.
