IN THE COURT OF SHRI MAN MOHAN SHARMA, LD.
PRINCIPAL JUDGE,
FAMILY COURT, EAST DISTRICT, KARKARDOOMA COURT DELHI
HMA CASE NUMBER 254/2021
IN THE MATTER OF :
Anuj Kumar Petitioner
VERSUS
Malti Respondent
NDOH : 19/11/2024
Written submissions on behalf of the Respondent
1. Introduction
May it please the Honorable Court, I appear on behalf of the Respondent, Malti, who has
been subjected to immense harassment and mental agony due to the frivolous and
deliberate misuse of the judicial process by the Petitioner, her husband, Anuj.
The Respondent, an indigent individual, is fighting this case pro bono, unable to afford
the legal expenses, while the Petitioner has repeatedly weaponized the legal system to
delay proceedings and frustrate her access to justice.
2. History of Non-Compliance by the Petitioner
This Honorable Court, on 7 February 2024, directed the Petitioner to produce the
children for visitation with their mother at the Family Court’s Children Room on the
second and fourth Sundays of each month. The Petitioner failed to comply.
A second, well-reasoned order was passed by this Honorable Court on 4 September
2024, reiterating the same direction and emphasizing the need for the Respondent mother
to meet her children, noting the concerning behavior of the Petitioner, who unilaterally
enrolled the children in different residential institutions without the Respondent's input.
o The Court observed: “Under the facts and circumstances of the case, the
possibility that the same was with an intent to deprive the Respondent of the
consortium of the children cannot be ruled out.”
Despite these clear directives, the Petitioner has not complied even once, causing
immense emotional pain to the Respondent and distress to the children, who are deprived
of the mother’s love and care.
3. Abuse of Process and Pattern of Harassment
The Petitioner’s conduct demonstrates a willful disregard for the authority of this
Honorable Court, evidenced by:
o Repeated non-appearance in court.
o Frequent adjournments without valid grounds.
o Filing review applications and now a modification application, which are
patently frivolous, aimed solely at delaying justice and exhausting the Respondent
emotionally and financially.
The present modification application is a continuation of the Petitioner’s strategy to
misuse the legal process to:
o Deny the Respondent her rightful visitation with her children.
o Prolong the case unnecessarily, thereby causing further emotional and mental
harm to the Respondent and the children.
The Petitioner has weaponized the legal process against the Respondent, who is a person
of no means, by:
o Filing a frivolous divorce petition in 2021 on fabricated grounds, prolonging the
litigation for over four years.
o Deliberately delaying proceedings through adjournments, reviews, and now
another baseless modification application.
o Utilizing his superior financial position to wear down the Respondent emotionally
and financially.
The Petitioner’s actions amount to grave abuse of the process of law, using the Court’s
time and resources to perpetuate the Respondent’s suffering rather than seeking justice.
4. Impact on the Children
The Petitioner’s actions are not just an attack on the Respondent’s rights but are also
causing severe emotional and psychological harm to the children, who:
o Are being deprived of their mother’s care and presence.
o Are likely enduring alienation and distress due to the Petitioner’s unilateral
decisions and refusal to facilitate visitation.
The Honorable Supreme Court and various High Courts have repeatedly emphasized the
importance of children’s right to parental care and consortium, particularly the need
to maintain a bond with both parents, unless specific circumstances dictate otherwise.
5. Legal Precedents
The principle of parens patriae obligates the court to act in the best interests of the
children, prioritizing their welfare over procedural gamesmanship. (Ref: Yashita Sahu vs
State of Rajasthan (2020)).
Non-compliance with court orders is a serious matter, undermining the dignity of the
judicial system. It must be met with stern action to ensure justice is not subverted.
6. Relief Sought
Given the Petitioner’s repeated non-compliance and abuse of process, the Respondent
humbly prays that this Honorable Court:
1. Dismiss the present modification application with exemplary costs, as it lacks
merit and is filed solely to delay proceedings.
2. Direct the Petitioner to immediately comply with the visitation orders of 4
September 2024, failing which:
The Court may issue contempt proceedings against the Petitioner for
non-compliance.
3. Pass any additional orders necessary to:
Ensure the Respondent’s visitation rights are upheld.
Protect the emotional well-being of the children.
7. Conclusion
The Respondent is a mother fighting for her right to meet her children while the
Petitioner continues to misuse the legal system to frustrate her rights and evade
accountability. Such conduct must not be tolerated.
I humbly urge this Honorable Court to protect the Respondent’s rights and dignity, ensure
compliance with its orders, and safeguard the welfare of the children.
4. Harm Caused to the Respondent and Children
The Respondent has suffered immensely during the four years of this litigation:
o She is unable to afford even basic necessities, let alone legal representation, and is
entirely dependent on pro bono assistance.
o She has been deprived of her right to see her children, causing irreparable
emotional harm.
The Petitioner’s refusal to comply with visitation orders has also caused significant
emotional distress to the children, who are being unfairly alienated from their mother.
This directly undermines their best interests and welfare.
5. Legal and Equitable Reliefs Sought
In light of the Petitioner’s egregious conduct and disregard for this Honorable Court’s
orders, the Respondent humbly prays for the following reliefs:
1. Dismissal of the present modification application with exemplary costs, as it
is frivolous and filed solely to delay proceedings and harass the Respondent.
2. A direction to the Petitioner to:
Clear all arrears of maintenance immediately and ensure that interim
maintenance is paid regularly and without fail.
Comply with visitation orders and produce the children for meetings
with the Respondent as previously directed.
3. Imposition of exemplary costs on the Petitioner for his repeated non-compliance
and disrespect for the Court’s authority.
4. A direction for the expedited examination of evidence in short dates to ensure
the early disposal of this case, relieving the Respondent of further undue
suffering.
5. suffering.
Counsel for the Respondent
