In this post we will discuss about the recent judgement of Punjab and Haryana High court for filing a frivolus plea.
HC imposes 25k cost on woman for frivolous plea
The High Court of Punjab and Haryana levied a cost of Rs 25.000 on a Rohtak-based woman after she failed to justify why she had abandoned her husband against whom she had approached the HC apprehending the danger to her life.
Facts of the case
“It is not wise that, after leaving the marriage home, the petitioner (wife) did not contact her parents but preferred to live alone in the Jhajjar district. Except for the bald allegation that her husband treated her cruelly, she had no supporting evidence on record. This court states that not only is the appeal for immunity focused on baseless grounds, but that it is also an abuse of the legal process. Apparently, the petitioner did not come to the court with clean hands and intentionally withheld the material evidence, so the court finds that it needs to be burdened with costs, “said Justice Manoj Bajaj of the High Court, thus dismissing the plea.
During the hearing, the High Court also noted that the complainant had never filed a lawsuit against her husband or any of his family members. The woman had been married for 12 years and had two children with her ex, and they’re still living with him.
The petitioner was directed to deposit Rs 25.000 in the Covid Relief Fund account of the Punjab and Haryana Bar Council. The Chief Judicial Magistrate, Rohtak, has been ordered to ensure that the expenses are recovered. The petitioner, 29, a resident of Rohtak, along with co-applicant SumitDalal, 29, a resident of Jhajjar, sought directions to protect their life and liberty from the husband of the woman and her in-laws.
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According to the woman, she was married in 2008 and reported that her husband had treated her cruelly for a long time. She said she had gathered courage 10 days ago and had left her marriage home with the aid of her co-petitioner. According to her, they live in separate locations in the Jhajjar district, and they are likely to be harmed by her husband or in-laws.
After hearing the petition, the HC noted that the petitioner did not deserve any concession, especially because she had failed to clarify the reason for leaving her husband. The High Court was also unable to find any substance in the claims made by its co-petitioner about the danger to his life.
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This Post was written by Kasha Doshi
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