The Hindu : Tamil Nadu / Madurai News : High Court warns litigants

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Friday, Jun 12, 2009
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Tamil Nadu - Madurai

High Court warns litigants

Staff Reporter

It is irked over habeas corpus petitions

MADURAI: Irked over proliferation of habeas corpus petitions, the Madras High Court Bench here on Wednesday warned litigants against filing such petitions under Article 226 of the Constitution to settle domestic disputes.

A Division Bench comprising Justice R. Banumathi and Justice R. Mala expressed their displeasure over the way in which the extraordinary jurisdiction of the High Court was being misused for personal gains.

Ms. Justice Banumathi said that the court was unable to take up criminal appeals for hearing as much of the time was spent on adjudicating frivolous HCPs.

“So many persons are languishing in prisons. We are not able to take up their cases,” she said.

Hearing a HCP filed by a woman doctor claiming that her husband, also a doctor, was detained illegally by his parents, the Judge said that the petitioner should be imposed with heavy cost (fine) for filing the petition.

“All of you have converted this court into a matrimonial court, may be because you have the advantage of a large audience and two judges sitting here. If you want to see your wife, husband or children, you file a HCP. How can this be allowed?” she asked.

Pointing out that a divorce petition relating to the doctor couple was pending before a family court in Tirunelveli, the Bench wondered how could the wife now come up with a habeas corpus petition alleging illegal detention.

The Judges said that it was a fit case to impose heavy cost (fine) so that it serves as a deterrent to other litigants. However, they refrained from doing so acceding to a request made by the petitioner’s counsel.

Earlier in the day, the Bench disposed of 12 writ petitions relating to domestic disputes.

In one case, they directed the police to provide security to a couple who feared threat to their lives from their parents.

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