The husband cannot argue that the non-transfer is a violation of his fundamental right, the court maintained.

Proximity to wife not a fundamental right Ktaka HC tells husband who wanted wife transferred
news Law Friday, October 28, 2016 - 09:55

In a setback for a married couple in Vijayapura, the Karnataka High Court on Thursday dismissed a petition filed by the husband, seeking the transfer of his wife close to his place of work.

The husband cannot argue that the non-transfer is a violation of his fundamental right, the court maintained.

Shaym Prasad S reports for Bangalore Mirror that 45-year-old government employee Shreeshail Mudakappa Ambalanur approached the High Court with a petition seeking his wife-a government school teacher-be transferred to a location closer to his place of work. His wife Vijayalaxmi Adavi, who has been working for the past five years, worked in a school in Kolar.

In his petition, Ambalanur had challenged a government transfer list that did not give his wife a higher ranking, which would have enabled her to get a transfer to a place where he works. Adavi's name was 235th in the list.

However, maintaining that proximity to one’s wife is not a fundamental right, the court dismissed Ambalanur’s petition.

“Unless and until the petitioner establishes that his civil or fundamental rights are being violated by the impugned provisional list or by the endorsement, the writ petition is not maintainable before this court,” the judgement said.

 

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