Delhi High Court Fines Woman For Dragging Aged In-Laws In Endless Litigation Despite Remarrying After Husband's Death

The Delhi High Court has fined a woman for dragging aged in-laws in Court through endless litigation even after the death of their son, all the while remarrying another man.

Justice Arun Monga imposed costs of Rs. 50,000 on the woman for causing undue hardship to the in-laws and making them suffer the unnecessary litigation out of “sheer vengeance” and in blatant abuse of the benevolent provisions meant for protection of women from domestic violence.

“I cannot help but add, that the Respondent's conduct is nothing short of a textbook example of abusing the process of law. Apparently, dragging aged in-laws through endless litigation even after the death of their young son, and all while comfortably remarried, passes off as her idea of justice. The result ? Nothing but calculated harassment, needless hardship, and public humiliation for the Petitioners. To call the continuation of such proceedings unjust and untenable would be an understatement,” the Court said.

It added if there were ever a masterclass in abusing the process of law, the woman had surely authored it. Justice Monga also said that to dignify such conduct of the woman with the word “justice” which she ostensibly sought, would be laughable.

“Having lost no time in remarrying, she nevertheless clings to proceedings against her deceased husband's aged parents, as though widowhood confers upon her the perpetual right to harass them. Evidently, the Respondent sees no contradiction in moving on with her life while ensuring that the Petitioners are shackled to endless litigation, burden, and humiliation, while on the other hand they mourn the untimely death of their young son,” the Court said.

The Court allowed the plea moved by the aged in-laws challenging a trial court order which added their names in the array of respondents in an application filed by the woman- their daughter in law, under the Protection of Women from Domestic Violence Act, 2005. They also challenged another order re summoning them to face the trial in the case.

The parties got married in 2011. Their son passed away in December 2021. During the lifetime of their son, the daughter in law, sometime in August, 2021, initiated proceedings under the DV Act before the Mahila Court, against five individuals, including the aged in-laws.

Setting aside the impugned orders, Justice Monga said that the impugned revisional order was passed to the grave prejudice of the aged in-laws without issuance of notice or affording them any opportunity of hearing, either personally or through counsel.

The Court said that the order was completely silent on the said aspect, making it ex facie unsustainable.

It added that the consequential order re-summoning the petitioners was purely derivative, having been passed in compliance with the “defective revisional order.”

“In the parting, I cannot help but add, that the Respondent's conduct is nothing short of a textbook example of abusing the process of law,” the Court said.

It added: “To dignify such conduct of the respondent with the word “justice”, which she ostensibly seeks, would be laughable. It is nothing, but pure harassment, dressed up in legal process.”

Title: SMT USHA SHARMA AND ANOTHER v. SWATI SHARMA

Citation: 2025 LiveLaw (Del) 1110

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