Rajasthan HC Junks Man's Plea Seeking Dismissal Of Daughter-In-Law From Service Over FIR For Allegedly Abetting Son's Suicide, Imposes 50K Costs

The bench of Justice Anoop Kumar Dhand ruled that it was a settled position of law that process of law should not be used to settle personal grudges and oblique considerations, and such an act by the petitioner was sheer abuse of the process of law.

The Court was hearing a writ petition filed by the petitioner seeking a direction for removal of his daughter-in-law from service on the grounds that an FIR for abetment of suicide was registered against her and because of such conduct, she could not be retained in service.

The petitioner had also sent a notice to the State demanding justice but no action was taken by the State pursuant to which the writ petition was filed before the Court.

After hearing the contentions, the Court highlighted that the relations between the petitioner and his daughter-in-law became estranged after petitioner's son committed suicide in 2021 that prompted the petitioner to file an FIR against his daughter-in-law alleging that she abetted the suicide.

When the daughter-in-law got appointment at the post of the patwari, the petitioner got aggrieved and sent a notice to the State.

The Court made a reference to the Supreme Court case of Gurpal Singh v State of Punjab in which it was held that the Court should not allow its process to be abused for oblique considerations. Similarly, in the case of Chanchalpati Das vs. The State of West Bengal & Anr., it was held that,

“just as bad coins drive out good coins from circulation, bad cases drive out good cases from being heard on time. Because of the proliferation of frivolous cases in the courts, the real and genuine cases have to take a backseat… The party who initiates and continues a frivolous, irresponsible and senseless litigation or who abuses the process of the court must be saddled with exemplary cost, so that others may deter to follow such course…”

In this background, the Court held that the court's platform could not be misused to settle personal disputes. Even if the petitioner was having some ill-will against the daughter-in-law, he should not be permitted to use the Court, by filing baseless writ petition, to waste the time of other litigants.

Accordingly, it was held that the writ petition was highly misconceived and the same was dismissed with a cost of Rs. 50,000 imposed on the petitioner.

Title: Banwari Lal Swami v The Board of Revenue, Rajasthan & Ors.

Citation: 2024 LiveLaw (Raj) 407