Karnataka High Court: A Division Bench comprising of Dinesh Maheshwari, CJ and S. Sujatha, JJ. dismissed a PIL and condemned the act of petitioner wife who had filed the said petition for her personal interests in the garb of public interest.
The instant petition was filed praying for a writ of mandamus to the Central and State government suggesting certain guidelines to be implemented by law enforcement authorities to ensure protection of women and strict implementation of dowry and domestic violence laws. The averment of petitioner was that out of court settlements made with intrusion of politicians, rowdy elements or police by shelling out money has defeated the justice delivery system.
The Court noted that multiple proceedings involving the petitioner relating to disputes raised under Protection of Women from Domestic Violence Act, 2005 and Sections 498-A, 506, 504, 420 of the Indian Penal Code, 1860 were pending. It further observed that though the petition was styled as public interest litigation, it was essentially filed to foster personal disputes and vendetta. As such, the action of petitioner pretending to act pro bono publico only to get personal gain ought to be discouraged.
The Bench observed that the petitioner-wife was seeking relief in a sinister manner through a frivolous litigation masked to resolve family disputes circumventing the regular judicial process. In case there is an infraction of a law by authorities, the appropriate remedy for the same was available under law.
In view of the aforesaid observations, PIL jurisdiction in the present petition was declined. [Anusha N. v. Union of India, WP No. 44038 of 2018, decided on 20-11-2018]
