A woman was severely reprimanded by the Bombay High Court for hiding facts with the intention of dragging a case against her husband. The court dismissed her petition, observing that she had failed to prove her claims with regard to her matrimonial flat.
A division bench of justices VK Tahilramani and AK Menon dismissed her petition, challenging the order of the family court dated October 4, 2013.
The bench observed: "Access to justice is one of the most valuable rights. It is unfortunate to note that under this garb, the appellant who is a lady has crossed all the limits just to abuse pious process of law for her personal interest. The appellant is claiming equitable relief. To seek equity the person must come with clean hands."
The woman had initially approached the family court in 1998 seeking maintenance on the grounds that she was being harassed by husband and that there had been an attempt on her life. Later, she filed an application seeking that she and her daughter should not be removed from her matrimonial flat in Kandivali.
The woman further sought that her husband be restrained from entering or residing in the house as well as selling it or creating third party rights in any manner.
Apart from contending that the allegations were false, the husband also produced documentary evidence to prove that the flat in question had already been sold off in July 2004.
This exposed the woman's claim that she and her daughter were in possession of the flat for a long time. The judges observed that the woman had not made necessary amendments to her application before the family court to bring the new facts on record. The petitioner has sought an injunction despite not being in possession of the property for past 10 years, said the HC.
Irked by the behaviour of the woman, who argued in person, the bench observed: "It will be useful to mention that the conduct of the appellant is not according to the acceptable standard. It is also not even as per due process of law." It added that the adamant nature of the woman had resulted in the case pending in the family court for no reason.
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