Gujarat HC fines woman for ‘frivolous’ petition against daughter-in-law

Gandhinagar:- The Gujarat High Court has imposed a fine of Rs 10,000 on a woman, who following a domestic dispute had urged the court to sack her daughter-in-law from the government job. While rejecting her plea, the HC also advised advocates not to encourage litigants to move such petitions.

High Court Justice A.S. Supehia on Wednesday said that “frivolity was at its heights”.

Rasilaben Kharadi from Aravalli district had filed the petition, demanding termination from government service of her daughter-in-law, Chetna Ninama as she had lied about her marital status and provided false information, following which, she secured government employment through the Gujarat Public Services Commission (GPSC). Therefore, her appointment should be cancelled.

Kharadi’s advocate submitted to the HC that Ninama had obtained a government job by showing herself as unmarried, whereas her divorce petition is pending since 2016. The daughter-in-law had obtained the government job by suppressing information and therefore in violation of the service rules.

However, the court failed to find a valid reason to entertain the petition. The court observed, “The prayers and petition filed under Article 226 of the Constitution by the mother-in-law, is seeking direction for setting against the daughter-in-law’s appointment saying that it was obtained wrongly by suppressing the facts.

“This is a dispute between them. This is very unusual and strange. The court fails to understand how this petition is maintainable when such prayers were asked for by the petitioner on her personal account.”

The court further said, “The court is at pains to see that the advocate has also encouraged such litigation, instead of advising the petitioner to file appropriate proceedings before any other forum.

“By moving such a petition, petitioners are wasting the court’s time. Advocates are advised not to encourage people to file such petitions,” the HC said.

The court ordered the petitioner, Rasilaben to deposit a fine of Rs 10,000 with the registry within 15 days from the date of the order, for wasting its time.