Srinagar, Jun 11: The High Court of J&K and Ladakh has imposed a cost of Rs one lakh on an octogenarian “habitual” litigant from the city for using demeaning language in a petition against his daughter-in-law besides harassing the judges.
The 81-year-old petitioner sought quashing of maintenance proceedings filed by his daughter-in-law. He also made “reckless” allegations against 4th Additional Sessions Judge Srinagar Gowhar Majeed Dalal, before whom the proceedings are pending.
The old man said in his petition against the lady X that his son has divorced the lady X (respondent No. 2 in the petition) and therefore, her maintenance petition is not maintainable.
The petitioner claiming to be a professor said in his plea “the respondent No. 2 was found to be not young and virgin, but found to be an aged, barren (not fit to conceive). She already enjoyed marital or out-of-marital, or premarital sex, profusely.”
It further alleged the lady “to be a divorcee or a deserter, or a thrown out from her marital home/s. She came out to be a psychic, arguing, fighting, disobedient, recalcitrant, morbid woman, suffering from venereal diseases. She is deft in woman ‘makhar’, witchcraft, seduction, having stealing habits, came out to be a honey trapper, a marriage professional.”
Justice Sanjeev Kumar after perusing the petition recorded that that the allegations made in the petition by the octogenarian against his daughter-in-law “would shock the conscious of any person of ordinary prudence”, adding it only exhibited the depraved mindset the petitioner has for woman, in particular, his daughter-in-law.
The language used in the petition is demeaning of a woman and is totally unacceptable in any civilized society, he said.
Justice Kumar noted that there are so many other allegations in the petition which are utterly obnoxious and made in extremely bad taste. “The petitioner has no sense of decency and is not aware as to how the pleadings in the court are required to be filed.”
He noted the petitioner is “habitual litigant” and has been filing petition after petition, some on behalf of his son to settle scores with his daughter-in-law and some raising other disputes with his ex-employer, etc.
“In many cases which are pending or disposed of by this court the petitioner has openly shown his lack of trust in almost every judge of this court,” Justice Kumar said.
The bench noted “the petitioner has virtually become a cancer for the judicial system and by his nuisance is harassing the judges at all levels.”
Without going into details of his “nefarious activities”, the court said, the petitioner has been continuously indulging in before the various courts. It suggested psychiatric treatment of the elderly man to curb “his unchecked indulgence in abusing the process of law”.
It said the petition is aimed at harassing the Presiding Officer of 4th Additional Sessions Court Srinagar and accordingly dismissed it at the threshold.
With a view to not let the petitioner go scot-free to prevent him from indulging in “misadventures more vigorously aimed at harassing the judicial officers”, the old man was punished with an exemplary cost of Rs one lakh. The money has to be deposited in the Litigants’ Welfare Fund within a period of four weeks.
In case the petitioner fails to comply with the direction to deposit the costs, the Registrar Judicial of this court shall, after expiry of four weeks, frame a Robkar and place it before the court for further orders, directed Justice Kumar.
