J&K High Court Imposes ₹1 Lakh Cost On "Habitual" Litigant For Demeaning Language Against Daughter-in-Law

Justice Sanjeev Kumar dismissed the petition with an exemplary cost of ₹1 Lakh to be deposited in the Litigants' Welfare Fund, calling the language used in the petition "demeaning of a woman and totally unacceptable in any civilized society."

The case involved Prof. Abdul Gani Bhat, who filed a petition challenging the maintenance proceedings initiated by his daughter-in-law, Ms. X (name withheld to protect privacy). Bhat claimed to be acting on behalf of his son, Dr. Mohammad Himayun, but the court noted that the petition was filed in his own name and not on behalf of his son.

The details of the maintenance case were not elaborated upon in the judgment, but the court focused on the offensive language used by Bhat in his petition. The court order quoted a particularly egregious paragraph where Bhat made a series of derogatory and demonstrably false accusations about his daughter-in-law.

Commenting on the allegations made the court said,

“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”.

Further, Justice Kumar noted that Bhat is a habitual litigant who has filed numerous petitions before the court, often making reckless allegations against judges and observed,

“The petitioner has virtually become a cancer for the judicial system and by his nuisance is harassing the judges at all levels. Without going much into details of his nefarious activities, the petitioner has been continuously indulging in before the various Courts”, the bench remarked.

While the court dismissed the petition for lack of standing and Bhat's overall conduct, it also imposed a significant cost penalty to deter future frivolous litigation and abusive language.

Case Title: Prof. Abdul Gani Bhat Vs Gowhar Majid Dalal 4th ADJ Srinagar

Citation: 2024 LiveLaw (JKL) 151

Click Here To Read/Download Judgment