J&K High Court Bans ‘Divorcee’ Label for Women, Calls for Equality

The J&K and Ladakh High Court banned the term “divorcee” for women in legal cases, calling it derogatory. The court ordered all petitions using the word to be rejected and fined a petitioner Rs 20,000 for using it.

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Divorcee

SRINAGAR: The High Court of Jammu and Kashmir and Ladakh made an important decision to support gender equality by stopping the use of the word divorcee for women in legal cases. On Thursday (Feb 13), the court said that calling women by this term is a bad practice and should be stopped immediately.

The court also directed that any legal petition, motion, or appeal that includes this word should not be accepted.

Justice Vinod Chatterji Koul, who led the case, shared his deep concern about how women are treated in society.

“It is very painful to see how a woman, even as of today, is being treated,”

-he said.

The court pointed out that there is a clear difference in how men and women are labeled in divorce cases. It asked, if women are called divorcees, then why are men not called divorcers?

The court found this unfair and said such terms should not be used.

Divorcee

To fix this issue, the court ordered that a circular should be issued to all lower courts, telling them to reject any petitions that use the term divorcee for women. This step will help create a more respectful and fair legal system for women dealing with matrimonial disputes.

The court gave this decision while dismissing a review petition in a case about a matrimonial dispute. It strongly criticized the use of divorcee in legal documents, saying that it shows a biased mindset that needs to change.

Apart from the ruling, the court also fined the review petitioner Rs. 20,000 for using the term divorcee. It ordered that the money must be paid within one month. If the petitioner does not pay on time, the court’s registry will take action to recover the amount.

This decision is a big step forward in the fight for gender equality in both the legal system and society. It sends a strong message that legal terms should always show dignity and respect for every person, no matter their marital status.

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author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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