Delhi High Court Expresses Regret To Retired Judge For 'Agony' She Suffered After Appointment As Local Commissioner In Matrimonial Dispute

The Delhi High Court has expressed regret to a retired Principal and Sessions Judge who was appointed by it as a local commissioner in a matrimonial dispute for the agony caused to her during the appointment.

Justice Navin Chawla observed that the wife was making a mockery of the court system by first seeking substitution of the Local Commissioner initially appointed by the family court and later making allegations against the substitute Local Commissioner appointed by the High Court as well.

“She appears to be habitually making instigating remarks, not only against the learned Local Commissioner but also against the learned counsel appearing for the respondent herein. This practice needs to be dealt with firmly,” the court said.

The retired Principal and Sessions Judge was appointed by the High Court in December last year to record evidence of the parties in the matrimonial dispute. This was after the wife sought substitution of the Local Commissioner, being another retired Additional District Judge, appointed by the Family Court in June last year.

The order of the High Court was upheld by the Supreme Court. Later, the Local Commissioner appointed by the court wrote an email to the Registrar General on July 17 stating that various messages were sent to her by the wife and her counsel which were disrespectful, insinuating, mocking and alleging bias.

The counsel appearing for the wife tendered her apology for her client’s conduct before the Local Commissioner and submitted that another Local Commissioner be appointed for recording the evidence of the parties.

“I see absolutely no reason to grant further indulgence to the petitioner for her conduct clearly smacks of mala fide and total disrespect to the officers appointed by this Court and to the Court process,” the court said.

While discharging the retired Principal and Sessions Judge from acting as a Local Commissioner in the matter, the court imposed Rs. 25,000 cost on the wife for making a mockery of the judicial system.

The court ordered that the cost be deposited with Delhi High Court Legal Services Committee within a period of four weeks.

“The learned Family Court shall proceed further with the divorce petition filed by the respondent herein, in accordance with the law. This Court expresses its regret to the learned Local Commissioner for the agony she had to suffer because of the appointment made by this Court,” the court said.

Advocates Alkanshree Dahar, Ruchi Muajal, Amolak, Smriti, D.Moitra and Jyotika Malhotra appeared for the petitioner.

Senior Advocate Sunil Mittal, with Advocates Seema Seth, A.K. Pandey and Muskaan appeared for the respondent.

Title: Harshita Gandhi v. Nimit Gandhi

Citation: 2023 LiveLaw (Del) 925