Date:12/04/2006 URL: http://www.thehindu.com/2006/04/12/stories/2006041225550400.htm

Karnataka - Bangalore

High Court imposes fine on man for frivolous petition

Staff Reporter

Bangalore: Sounding a word of caution to people filing frivolous habeas corpus petitions, the Karnataka High Court has slapped cost of Rs.15,000 on a person who sought a direction for his wife to be produced before the court.

A Division Bench comprising Justice P. Vishwanath Shetty and Justice N. Kumar observed that the instant case should have been contested in the family court and not under the garb of a habeas corpus petition.

A resident of Hassan moved the High Court seeking a direction to the police to produce his wife, who he claimed was absconding. He told the court that she was in the illegal custody of some person. In this regard, the Superintendent of Police, Hassan, was summoned before the court. On the next date of hearing, the police told the court that the lady had been traced in Mangalore. She was produced before the court on April 6. Before the Bench, the woman said that she did not intend going back to her husband since he was involved in an illicit relationship.

While observing that the petitioner had abused the due process of law, the court slapped costs on him to be paid by April 17 to the wife.