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Delhi HC Fines Woman ₹5K for Alleging Bias in Child Custody Case

Delhi HC Fines Woman ₹5K for Alleging Bias in Child Custody Case

The Delhi High Court recently fined a woman ₹5,000 for attempting to transfer her child custody case to another family court. She alleged that the judge was biased in favor of the child’s father. However, the court dismissed her plea, calling it an attempt to undermine judicial authority.

Justice Dinesh Kumar Sharma ruled that if the woman was dissatisfied with the trial court’s decision, she should have challenged it legally instead of accusing the judge of bias. “Seeking a transfer on such grounds is scandalous and meant to weaken the court’s authority. If the petitioner is unhappy with an order, she has the right to challenge it through proper legal channels,” the High Court stated.

Earlier, the family court had granted the father limited visitation rights, allowing him to meet the child twice a month in a designated children’s room at the court complex. The mother later accused the father of sexually abusing the child during one of these visits and filed a case under the Protection of Children from Sexual Offences Act (POCSO), 2012. However, the father was acquitted of these charges.

Following his acquittal, the family court suggested that he could apply for temporary custody. The mother saw this as a sign of bias and requested that the case be transferred to a different judge.

Her transfer plea was initially rejected in November by the Principal Judge of the Family Courts in Dwarka. The Principal Judge ruled that even if the family court judge advised the father to file for custody, it did not prove bias. The court further stated that such allegations could damage the judiciary’s reputation and should not be encouraged.

After her plea was denied, the mother approached the Delhi High Court. Her lawyer argued that the trial court judge had orally refused to change the custody order despite her claims of sexual abuse by the father.

However, the High Court found no merit in her arguments and dismissed the petition on January 27. It also imposed a ₹5,000 fine, which must be deposited with the Delhi High Court Legal Services Committee within four weeks.

This ruling emphasizes the importance of following proper legal procedures rather than making baseless allegations against the judiciary.

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