In a firm stance against frivolous litigation, the Delhi High Court imposed a ₹5,000 penalty on a woman who sought to transfer a child custody case by alleging judicial bias. The court dismissed her claim as “scandalous” and aimed at undermining judicial authority.
Justice Dinesh Kumar Sharma, rejecting the petition, emphasized that the mother could have challenged any adverse custody order through proper legal channels instead of making unsubstantiated accusations.
The case originated when a family court granted the father limited visitation rights, allowing him to meet his child twice a month in a supervised setting. The mother later accused the father of sexual misconduct during one such visit, leading to criminal proceedings under the Protection of Children from Sexual Offences (POCSO) Act. However, the father was acquitted.
Following this, the family court indicated that the father could apply for temporary custody, prompting the mother to claim bias and request a transfer of the case. The Principal Judge of the Family Court in Dwarka had already dismissed this request in November, stating that mere guidance to file an application did not prove prejudice.
Undeterred, the mother escalated the matter to the High Court, arguing that the trial judge had ignored her concerns. The High Court, however, found no merit in her claims and upheld the original ruling.
In its January 27 order, the court directed the woman to pay ₹5,000 to the Delhi High Court Legal Services Committee within four weeks, reinforcing the principle that courts cannot be swayed by baseless allegations.