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2016 DIGILAW 345 (DEL)

SUSHMA SINGH v. RAMESHWAR SINGH

2016-01-21

MANMOHAN

body2016
JUDGMENT : MANMOHAN, J. 1. The present writ petition has been filed challenging the orders dated 2nd May, 2014 and 9th May, 2014 passed by the Maintenance Tribunal for Senior Citizens (District South West). 2. Learned counsel for the petitioner states that the impugned orders are without jurisdiction and contrary to three specific Statutes. 3. A perusal of the impugned orders reveal that during the court proceedings on 2nd May, 2014, the present petitioner did not co-operate with the Maintenance Tribunal for Senior Citizens. In fact, the Maintenance Tribunal has recorded that the petitioner in one of the proceedings even slapped her younger sister who accompanied the complainant. 4. This Court is not an Appellate Court of the Maintenance Tribunal for Senior Citizens. 5. It is a settled law that the petitioner is entitled to relief in a writ proceeding only if she/he approaches the Court with clean hands. 6. Since, in the present case, the petitioner had slapped her younger sister during the proceedings before the Maintenance Tribunal, this Court is of the opinion that it should not exercise its high prerogative jurisdiction under Articles 226 and 227 of the Constitution. In fact, in the opinion of this Court it is a contempt to assault or threaten any other person within the confines of the court, whether he be a witness, party, advocate, official or a member of the general public. 7. Consequently, the present writ petition and the application are dismissed.