New Delhi, Oct 4 The Delhi High Court has expressed regret to a retired judicial officer who served as a local commissioner to record evidence in a divorce case as it condemned the litigant's conduct, which it deemed a "mockery" of the court system, and imposed a fine of Rs 25,000 on her to be deposited with the Delhi High Court Legal Services Committee within four weeks.
Justice Navin Chawla, in refusing to grant further indulgence to the woman in the divorce case, stated that the evidence of the parties had concluded, and there was no need for appointing a substitute LC.
The court took into account a letter written by retired principal and sessions judge, R Kiran Nath, who had been appointed as the LC under the Hindu Marriage Act, expressing her desire to recuse herself from further proceedings due to disrespectful and mocking WhatsApp messages sent by the litigant and her counsel.
Upon reviewing the messages, the high court concluded that the litigant was making a mockery of the court system, initially seeking a substitution of the LC appointed by the family court, which was granted as an indulgence by the high court.
The woman then made allegations against the substitute LC, and the court noted a pattern of "habitually making instigating remarks."
While the woman's counsel tendered an apology and suggested appointing another LC for recording evidence, Justice Chawla refused, stating that he sees absolutely no reason to grant further indulgence to the petitioner for her conduct, which clearly smacks of malice and total disrespect to the officers appointed by the court and to the court process.
The high court also discharged the retired officer from her role as LC in the divorce proceedings and directed the family court to proceed further with the divorce petition in accordance with the law.
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