Citizens owe it to the courts of this country to rid the system of the scourge of frivolous cases: The Delhi High Court The Court, enraged by a man's "frivolous" and "insidious" appeal in a domestic assault case, assessed him $30,000. In a judgment issued in a domestic violence case, a Delhi Court stated that frivolous and extravagant litigation is one of the leading reasons for growing case arrears and that the courts of this nation owe a duty to the public to rid the system of such an evil. The dad had contested a court order requiring him to sign a school transfer certificate for his children, who lived with his estranged wife and attended a different school. The children had been admitted to the new school despite the fact that he had not signed the certificate until now.
As a result, the man's attorney requested that the Court waive the need that he sign the paper. The Court not only rejected the appeal but also imposed costs of Rs 30,000 on the appellant. Before passing the sentence, Additional Sessions Judge Anuj Agrawal made the following observation: The threat of such lawsuits would continue to taint the entire system until the courts start exacting adequate fees, the Court added. The current appeal was described as not only frivolous but also as an "insidious attempt" to stall the trial court procedures. “I think it suitable that the instant appeal not only deserves to be dismissed but also that the appellant deserves to be saddled with the expense of 30,000 for his malicious approach,” the judgment stated. Within seven days of the date of the current ruling, the appellant/accused in the instant issue is instructed to pay the sum of 30,000 with the Lawyers Welfare Fund, Saket Bar Association.”
Previously, the order said that because the children lived with their mother, the trial court correctly concluded that it was in the children's best interests to attend any school in the city where they lived with their mother rather than going to another city on a daily basis. Their physical and mental health was said to have suffered as a result of the circumstance. “In light of this, this appeal must be nearing its end. As a result, it is rejected as having no merit,” it stated.
Tags : #costs #Delhi Court #frivolous litigation #pendency of cases