Shikha Kanwar vs Rajat Kanwar on 8 February, 2024

Introduction

The case of Shikha Kanwar vs. Rajat Kanwar, heard on February 8, 2024, in the High Court of Delhi, deals with a contempt petition (CONT.CAS.(CRL) 15/2023). The case was presided over by Hon’ble Mr. Justice Suresh Kumar Kait and Hon’ble Mr. Justice Manoj Jain. The petitioner, Shikha Kanwar, represented by her legal team, alleged misconduct and harassment by the respondent, Rajat Kanwar.

Background

Shikha Kanwar filed a contempt petition against Rajat Kanwar, citing multiple instances of alleged harassment and false complaints aimed at distressing her. The legal proceedings between the parties had been ongoing, with significant allegations and counter-allegations. The respondent, Rajat Kanwar, had previously expressed his distress over not being able to meet his children and had attempted to settle the matter outside court.

Key Arguments

Petitioner’s Arguments

  1. False Complaints: Shikha Kanwar claimed that Rajat Kanwar filed numerous false complaints against her, causing unnecessary harassment.
  2. Settlement Attempt: She alleged that Rajat Kanwar’s attempts to settle the matter outside court were insincere and aimed at manipulating the legal process in his favor.

Respondent’s Arguments

  1. Harassment and Distress: Rajat Kanwar asserted that the petitioner filed false complaints to harass him and that he had not met his children for an extended period, which caused him significant distress.
  2. Alleged Extortion: Rajat Kanwar claimed that during a court meeting, the petitioner’s lawyer, Mr. Prabhjit Jauhar, demanded a substantial sum of money (Rs. 50,00,000) to facilitate a meeting with his children. He alleged that this demand was extortionate.
  3. Settlement Proposal: Rajat Kanwar provided a settlement proposal to the petitioner, which she rejected, deeming it unreasonable and unjust.

Court’s Observations

The court noted the serious allegations made by Rajat Kanwar against the petitioner’s lawyer, including the alleged demand for money and subsequent false accusations. The court directed the respondent to file an affidavit supporting his claims and to provide evidence. Additionally, the court instructed the alleged common friend mentioned in the respondent’s affidavit to file an affidavit and be present in court at the next hearing.

The court acknowledged that while the matrimonial dispute was not the main subject of the current petition, it was relevant to hear both sides. The court also indicated that the pendency of the present petition would not hinder the progress of CONT.CAS(C) No.991/2021.

Court’s Decision

The court directed Rajat Kanwar to submit an additional affidavit detailing his claims and evidence within two weeks. Furthermore, the court ordered the common friend to submit an affidavit and be present at the next hearing. The court emphasized the need for both parties to consider the larger interest of resolving the matter amicably but recognized the petitioner’s rejection of the respondent’s settlement proposal.

Conclusion

The case of Shikha Kanwar vs. Rajat Kanwar underscores the complexities of legal disputes involving allegations of harassment, false complaints, and extortion. The court’s directive for further affidavits and evidence reflects its commitment to thoroughly examining the claims and ensuring justice. As the matter progresses, the focus remains on finding a resolution that addresses the grievances of both parties while upholding legal integrity. The next hearing, scheduled for March 7, 2024, will further delve into these allegations and attempt to reach a fair conclusion.

Ref: https://indiankanoon.org//doc/128031994/

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