HC imposes ₹1 lakh cost on mother-daughter duo for suppressing facts

The High Court of Karnataka has imposed a cost of ₹1 lakh on a mother-daughter duo for suppressing facts in their petition in which they had questioned the criminal proceedings initiated against them by the daughter’s husband for allegedly cheating him of several crores of rupees.

Justice M. Nagaprasanna passed the order while dismissing the petition filed by Samantha Christina Delfina Willis, 25, and her mother, Shakila Willis, 56, both natives of Kolkatta and presently living in London. The petition was filed by one of their family friends, in whose favour they had executed a power of attorney (PA), which was executed in Bengaluru but notarised in London.

Holding that a petition filed by a PA holder on behalf of an accused in a criminal case is not maintainable, the court found that the petitioners had failed to disclose several details, including their arrest and release on bail a couple of days prior to the filling of the petition.

The complaint against the petitioners was lodged by one Syed Ali Hindustani, 28, who has places of residence both in Bengaluru and Hyderabad. Samantha had married him on June 6, 2021 in the city on getting connected through a matrimony website. However, on June 12 she complained of torture and left to her ancestral house in Kolkatta.

Prior to this, Samantha had allegedly taken all the ethnic jewellery of her mother-in-law stating that she needs them for a photo shoot. She had also got around ₹7.5 crore transferred to her account from the husband for buying a property.

After refusing to return to Bengaluru despite the request by the husband and her family members, the mother-daughter duo flew to London, it was alleged in the complaint. They were arrested when on their return to Kolkata in November 2021 from London for seeking annulment of marriage.

The complainant has also alleged that the petitioners were not Muslims but had posed themselves as Muslims while they were in fact Christians.

However, the petitioners have denied any wrong doing while claiming that transfer of money to the wife had taken place when the marriage was in subsistence.

However, the court did not go into the merits of the petitions challenging the legality of the registration of the criminal case against them as their petition itself was not maintainable on being filed by the PA holder and for suppressing facts.

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Printable version | Jun 24, 2022 12:41:45 am | https://www.thehindu.com/news/national/karnataka/hc-imposes-1-lakh-cost-on-mother-daughter-duo-for-suppressing-facts/article65511166.ece