August 18, 2021 11:00:28 am
A Delhi court dismissed a man’s petition challenging a trial court’s order which had directed him to supply school transfer certificates to his two minor children and imposed a cost of Rs 30,000 on him, to be deposited with Lawyers Welfare Fund at Saket Bar Association for his “mischievous approach.”
Additional Sessions Judge Anuj Aggarwal passed the order on Tuesday and said that the court was “anguished and appalled” by the man’s “insidious and cavalier approach” and his petition was a “direct onslaught upon the fundamental rights of the litigants attempting to seek speedy and effective justice.”
The father of the two minor children was involved in a domestic violence case and the proceedings were underway in a trial court. His wife wanted to send the children to a school of repute in Gurgaon where she lived since it would be difficult for her children to attend their previous school in Delhi due to the commuting distance. A trial court in 2019 directed the man to supply a copy of the transfer certificates, however, he instead challenged the order.
While dismissing the application, the court said, “it would be pertinent to observe here that this court is anguished and appalled by the insidious and cavalier approach of the appellant herein. There cannot be any second thought about the right of an individual to seek judicial redressal of his grievances by filing a petition before the appropriate court but at the same time the right to litigate cannot be reduced into an exercise in wager or an activity of amusement.” The court said that “the menace of frivolous and luxurious litigation is damaging the cause of Justice on twin counts.”
“On the one hand, an insouciant litigant can mischievously stall the pending trial court proceedings by simply filing a frivolous petition and on the other hand it tantamount to a direct onslaught upon the fundamental rights of the litigants attempting to seek speedy and effective justice, by unnecessarily overburdening the dockets and directly impinging upon the precious judicial time of the appellate court,” the court said.
The court observed that the menace of frivolous litigation would continue to mar the entire system unless the courts start imposing appropriate costs on the litigants.
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