The Delhi High Court reprimanded a woman for misusing a habeas corpus petition to address marital disputes despite knowing her daughter’s whereabouts. The court dismissed her petition and imposed a ₹10,000 fine, emphasizing the importance of such legal tools for genuine cases involving missing individuals or safety concerns.
A bench comprising Justices Pratibha M Singh and Amit Sharma expressed strong disapproval of the woman’s conduct, stating that she had withheld critical facts while filing the petition. The bench clarifie that habeas corpus petitions intend for serious cases where an individual’s safety is at risk, not for advancing personal disputes.
“The facts of this case do not suggest any situation of danger or missing persons. This petition is a clear misuse of the legal process,” the court state.
The woman claim in her petition that her husband’s family harassed her and blocked her from seeing her daughter after she left the marital home. However, the police status report revealed a different narrative.
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According to the report, the woman left her matrimonial home on January 10, prompting her husband to file a missing person complaint. Police later found her in a Mumbai hotel with another man. Confronted with these findings, the woman did not dispute the facts, with her counsel admitting they were unaware of the complete situation.
The court noted further inconsistencies in the woman’s claims. While she asserted that she was denied access to her daughter, evidence showed she had met her daughter in August on her birthday. This detail, however, was omitted from her petition.
The bench state, “An attempt was made to create the impression that the daughter was missing. This misrepresentation amounts to an abuse of the process of law.”
The husband’s counsel assured the court that the child was safe and under the care of her grandparents. The woman’s counsel did not contest this assertion.
Deeming the petition an abuse of judicial resources, the court dismissed it with a ₹10,000 fine. The petitioner must deposit the amount with the Delhi High Court Legal Services Committee within two weeks.
The ruling sternly reminds individuals to avoid misusing habeas corpus petitions and emphasizes that the judiciary reserves its resources for genuine and urgent cases.
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