Excelsior Correspondent
SRINAGAR, Feb 13: High Court today expressed its anguish and sorrow over mentioning the word “divorcee” with the name of a woman in litigation by her ex-husband and directed no such motion shall be entertained or registered by the registry if it is found to have the cause title with such word.
Justice Vinod Chatterji Koul said to stop such practice, a circular is required to be issued, instructing that if any motion, appeal or any petition is found to have the cause title with the word ‘Divorcee’ against the name of woman, such motion or appeal should not be diarized or registered by the courts.
“Such instructions should also be issued and transmitted to the Subordinate Courts. The Registrar Judicial of this Court is directed to place this judgment before the Chief Justice for passing of kind orders and issuance of circular instructions in this regard”, Justice Koul said.
The court passed these observations in an appeal with the cause-title of the appeal styled by appellant as Parvez Ahmad Khan versus Areeb (Divorcee). “However, while perusing Review Petition, this Court has found that the expression “Divorcee” has been attached and used by appellant/review petitioner with the name of respondent, which is unbecoming of and reflects his mindset”, read the judgment.
Court said if appellant/review petitioner-Khan has used this word of “Divorcee” against the name of respondent-Areeb, then he should have also used the word/expression “Divorcer” against his name. “It is in view of this fact that the a expression/word used by appellant/review petitioner against the name of respondent has not been mentioned/ typed in cause-title of this judgement. It is very painful to see how a woman, even as of today, is being treated”, the court added.
The court dismissed the plea of petitioner-Khan with costs of Rs 20,000 and directed him to deposit the amount within one month from today before the Registry. “In the event he fails to do so, the Registry shall take all steps for its recovery”, the court clarified.
The court further recorded that if a woman is being labelled and shown as “Divorcee”, as if it is her Surname and Caste, then a man, who divorces his wife, is also to be called and suffixed as “Divorcer”, which, however, would be a bad practice.
“Such a practice should be stopped rather than crushed. And henceforth if any motion/petition/appeal indicates and reflects in its cause-title the word “Divorcee”, against the name of a woman, such a motion / petition/appeal should not be diarized or registered much less entertained”, Justice Koul expressed.
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