HC imposes ₹1 lakh cost on petitioner 

The Madurai Bench of the Madras High Court imposed a cost of ₹1 lakh on a petitioner for claiming that her mother-in-law had been illegally detained by a man. The court observed that the habeas corpus petition was nothing but an abuse of the court process.

The court was hearing a petition filed by Vijayalakshmi of Tiruchi. The petitioner claimed that  her mother-in-law, who had mental health issues, was illegally detained by a man, Sheik Dawood. It was said that the mother-in-law was under treatment.

The court observed the entire exercise appeared to be to make illegal gains. As per records submitted by Sheik Dawood, a property belonging to the said detenue’s husband devolved on the detenue and her son Raja, upon the death of the husband of the detenue. 

The son of the detenue, Raja had executed a release deed, relinquished his interest in the property and upon execution of release deed, the detenue entered into a sale agreement with Sheik Dawood in 2017. In the sale agreement, the petitioner had signed as a witness.

The sale deed was executed by the detenue in favour of Sheik Dawood. The petitioner, as a guardian of her minor children, filed a suit for partition of the property contending that the property is an ancestral property and her minor children have a share in it.

The petitioner was in possession of a portion of the property sold. It is further found that the detenue has purchased certain properties from and out of the consideration received by her from Sheik Dawood

The court took note of the fact that the suit for partition filed by the petitioner as well as the suit for recovery of possession have been directed to be disposed of within the time-frame fixed by the court. At this juncture, the habeas corpus petition was filed.

A Division Bench of Justices R. Subramanian and N. Sathish Kumar observed that the petition was nothing but an abuse of the process of court and it had been filed with a sole intention of delaying the proceedings in the suits. 

The court directed the petitioner to pay the cost of ₹1 lakh to Tiruchi Collector, who in turn was directed to utilise the costs for any of the Social Welfare schemes implemented by the district administration.

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Printable version | Jun 29, 2022 1:20:57 pm |