The Punjab and Haryana high court has ordered a woman to pay a fine of Rs 25,000 after she filed frivolous complaint against her husband and his family. The court also noted that the woman could not give any concrete reason why she had left her husband.
Case:
As mentioned by the Rohtak based woman in the complaint filed by her, she got married in 2008 and has alleged that her husband had treated her with cruelty for a long time. The couple has two children.
She then indicated that she could only gather courage just 10 days before leaving her matrimonial home by the assistance of her co-petitioner, Sumit Dalal. The 29-year-old woman also told high court that her husband and in-laws could be harmful to her, however, later she failed to prove the stated arguments.
Both petitioners, wife who had left her home and Dalal, a resident of Jhajjar, had requested directions to safeguard their lives and rights from the woman’s husband and her in-laws.
High Court Observations
Throughout the course of hearing, the high court observed that the wife had never filed any complaint about her husband or in-laws stating they are harmful to her, as she did in her written complaint. On the other hand, the couple has been married for 12-years with two children and the woman had always lived together before she filed the complaint.
Justice Manoj Bajaj in his order said,
It does not appeal to prudence that after leaving the matrimonial home, the petitioner (wife) has not contacted her parents but chose to live alone in Jhajjar district. Except for the bald allegation that her husband treated her with cruelty, no supportive material has been placed on record by her.
The HC also observed that the petitioner does not deserve any allowance and said,
They are living separately at different places in the Jhajjar district, quoted the woman. She had also said that there are chances that her husband or in-laws may harm them. When asked to explain the reason why she left her husband, the woman failed, and hence, the high court also could not find any significance in the allegations rampaged by her co-petitioner regarding a threat to his life.
Adding further, the court rejected the petitioner’s case and observed,
This court finds that not only the petition for protection is founded on frivolous grounds, but it also amounts to abuse of the process of law. Apparently, the petitioner has not approached the court with clean hands and has deliberately suppressed the material facts, therefore, this court finds that she deserves to be saddled with costs.
The woman was then directed to deposit a sum of Rs 25,000 into COVID relief fund account of the Bar Council of Punjab and Haryana. The chief judicial magistrate, Rohtak, has been instructed to ensure recovery of the cost.
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https://mensdayout.com/in-the-law/high-court/hc-denies-impleadment-of-custody-to-grandparents/
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