Matrimonial disputes cannot be converted into multiple court proceedings, says Delhi HC
In the case, the man had sought vigilance action against his estranged wife -- a teacher in an NDMC school -- contending that she was attending court hearings during school working hours.
Matrimonial disputes being converted to multiple proceedings cannot be encouraged by the courts and ought to be curbed, the Delhi high court said while rejecting a plea by a man seeking vigilance enquiry against his estranged wife.
In the case, the man had sought vigilance action against his estranged wife -- a teacher in an NDMC school -- contending that she was attending court hearings during school working hours and had been absent from the institution. The man said despite the absenteeism, she continued to get her salary.
In a judgment on January 31, justice Prathiba M Singh said this was a “classic case” where a matrimonial dispute between a couple has resulted in a completely tangential proceeding.
“It is clear from the facts of the case that a matrimonial dispute has been converted into a clear case of vengeance being sought by the Petitioner/husband against his wife/Respondent No.2 in an attempt to jeopardize her employment in some manner or other. The trend of matrimonial disputes being converted to multiple proceedings out of sheer vengeance ought to be curbed by courts. The court cannot encourage such conduct on behalf of the husband,” the court said.
In his petition, the man contended that even though a vigilance enquiry in his estranged wife’s employment was referred, such probe has not been conducted.
The counsel appearing for NDMC told the court that an investigation was conducted at the department level and through an action taken report of January 18, it was found that the wife was not guilty or a defaulter.
Rejecting the husband’s plea, the court noted that the internal committee, comprising three members, had come to the conclusion that there is no vigilance angle involved in the present case and, thus, the enquiry committee of the department after recording statements of all the concerned staff members including the principal arrived at a conclusion that the wife is not guilty in any manner.
“Under these circumstances, this court is of the opinion that the prayer for vigilance inquiry made in this writ petition is not tenable. The action taken report is taken on record..,” the court said.
