The Jammu & Kashmir and Ladakh High Court has imposed a fine of Rs.1 lakh on an 81-year-old man, describing him as a "cancer for the judicial system" due to his repeated filing of frivolous Petitions against his daughter-in-law and judges handling his cases.

The Single-Judge Bench of Justice Sanjeev Kumar strongly criticized the language used by the octogenarian in his Writ Petition challenging the maintenance proceedings initiated by his daughter-in-law. The Court found the allegations in the petition to be shocking and indicative of a depraved mindset.

"The allegations made in the petition by the petitioner against her daughter-in-law would shock the conscience of any person of ordinary prudence. The allegations made only exhibit the depraved mindset the petitioner has for women, in particular, his daughter-in-law," observed the Bench.

The Petitioner, a resident of Srinagar, had moved the Court under Article 226 to quash the maintenance proceedings filed by his daughter-in-law against her husband, the petitioner's son. Although he claimed to be contesting the maintenance proceedings on behalf of his son, who had executed a power of attorney in his favor, the Court noted that the petition was filed in the petitioner's own name.

The Court also noted reckless allegations against the Sessions Judge overseeing the maintenance proceedings. "The grievance of the petitioner is that the learned Judge before whom the proceedings are pending is not acting in the manner in which the petitioner desires him to act. He has not placed on record any order from the Court below to verify the reckless allegations made by the petitioner against the Court," stated the Court.

The Single-Judge Bench emphasized that the petition contained multiple obnoxious allegations, reflecting the petitioner's lack of decency and understanding of proper legal pleadings. The Court pointed out that the petitioner is a habitual litigant who has repeatedly filed petitions to settle scores with his daughter-in-law and other disputes with his former employer.

The Court further highlighted that the petitioner has demonstrated a lack of trust in nearly every judge handling his cases. "The petitioner has virtually become a cancer for the judicial system and by his nuisance is harassing judges at all levels," the Court remarked.

The Court ruled that the petition challenging the maintenance proceedings under Section 488 of the CrPC., filed by the petitioner's daughter-in-law against his son, was not maintainable as the petitioner could not file it in his own name, even if he held power of attorney for his son.

Finding the language used in the Petition demeaning and unacceptable, the Court suggested that the Petitioner might need psychiatric help to prevent his continued abuse of the legal process. "Even if the petitioner may be attorney holder of his son, he cannot file petition in his own name. The language used in the petition is demeaning of a woman and is totally unacceptable in any civilized society. I am of the prima facie opinion that the petitioner needs psychiatric help or treatment so that his unchecked indulgence in abusing the process of law is stopped," the Court noted.

The Court dismissed the Writ Petition as utterly misconceived, without locus, and aimed at harassing the Sessions Court Judge. It also imposed a fine of ₹1 lakh to be deposited in the Litigants' Welfare Fund within four weeks. Failure to comply will result in further court orders.

"This petition is, accordingly, dismissed with exemplary costs of Rs.1,00,000 (Rupees One Lakh Only) to be deposited by the petitioner 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," the Court ordered.

Cause Title: Prof. Abdul Gani Bhat v. Mr. Gowhar Majeed Dalal and Anr.

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Justice Sanjeev KumarJammu & Kashmir & Ladakh High Court

Sukriti Mishra