Delhi HC Fines Woman ₹5K for Alleging Bias in Child Custody Case
The Delhi High Court recently dismissed a transfer petition filed by a woman in a child custody case, imposing a fine of ₹5,000 for making scandalous allegations against a family court judge. The court ruled that accusing the judge of bias without evidence was an attempt to undermine the judiciary’s credibility.
Case Background
A family court had granted the child’s father visitation rights, allowing him to meet the child twice a month at a designated court facility. The mother later accused the father of sexually abusing the child during these visits and filed a case under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
However, the father was acquitted in the POCSO case. After his acquittal, the family court suggested that he could apply for temporary custody of the child. The mother claimed this indicated bias by the judge and filed a petition to transfer the case to another court.
Court’s Observations
- The Principal Judge of the Family Courts in Dwarka rejected the transfer plea in November, stating that the family court judge’s actions did not indicate bias.
- The judge emphasized that even if the court guided the father on filing a custody application, it did not imply unfair treatment.
- The woman then appealed to the Delhi High Court, arguing that the trial court judge had refused to modify custody arrangements despite her allegations.
High Court’s Ruling
Justice Dinesh Kumar Sharma dismissed the woman’s arguments and rejected her petition on January 27, stating:
“Transfer on such grounds is scandalous and intended to undermine the court’s authority. If the petitioner was aggrieved, she had the right to challenge the order legally.”
The High Court ruled that the allegations were baseless and fined the woman ₹5,000, ordering her to deposit the amount with the Delhi High Court Legal Services Committee within four weeks.
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