There is no Central Law to curb the vexatious  litigation .192nd Law Commission recommended  a Bill “Vexatious  Litigation  (Prevention)”. As per proposed  Bill by Law Commission of India , if a person habitually  or without  any reasonable  ground instituted vexatious  proceedings either civil or criminal in any court  against the same or against different  persons , High Court after hearing the parties may declare  him as “Vexatious  Litigant”.

Though there is an Act in Madras  and Maharashtra. Madras  Vexatious  Litigation  Prevention  Act 1949.Act is confined to AP, Kerala ,Karnataka which were parts of Old Madras Province before the SR Act 1956.

Madras  Vexatious  Litigation  Prevention  Act 1949 was challenged  in the matter of  P.H Mawlevs State of AP AIR 1965 SC 1827.Justice Hidayatullah held that such legislation  were there in England. Consequently rejected  the plea of the petitioner.

Another important matter  ofUS Pandeyvs UOI came before Delhi High Court .MrPandey who had filed 56 complaints in different  lower  court of Delhi and filed 97 Applications in his writ petition .he was a depressed  man .pandey’s petition  contained  42200 pages . He made erstwhile  PM as party home minister ‘ ArvindKejrivalSushmaSarwraj L. K.Advani,Arunjetly,Manish Sisodia,LaluYadav and many other politicians  were arraigned  as party to his petition. High Court held “State has to discharge  its  constitutional  obligation to care for its  citizen who finds himself in distress  and stress. In his idiosyncretic quest for Justice Sh Uma ShankerPandey has totally  destroyed  himself  and needs help.Court directed Social  Warfare  Department  of NCT a suitable  rehabilitation  and a Psychologist provided to interact  with him.

This kind of litigation is very usual in matrimonial disputes. The husbands often charge against his wives  that she is not leading a moral life and she is living in adultery. One husband alleged that as such his wife have an illicit relationsand the  child doesn’t belong to the husband anddemanded a  DNA test of child to prove that she have an illicit relation and child is the result of that relations.   .

One husband crossed all kind of limits and filed hundreds of case alleging charge of adultery .Charge of inappropriate assets .Charge that his wife is running flesh trade. She have  illicit relations with many persons doing, charge of   Hawala business and FIR of robbery  and Complaints  to ATS, CBI, IB ,LIU and Complaint s to Prime minister and repeatedly  the same complaints  to all above agencies and departments.

Recently one female charged of sexual harassment against Chief Justice of India. God Forbid if it is proved correct , nobody will trust the judiciary and the judges ,on the contrary if it is proved false, it will be the textbook case of vexatious litigation.The Apex Court in the case of Smt. KiranBedivs Committee of Inquiry mentioned case of  Marion v. Minnie Davis wherein it was affirmed by the Apex Court that the good reputation is an element of personal security protected by the Constitution of India and right to enjoyment of private reputation is necessary for human society is also one of ancient origin. Good reputation is an element of personal security which is placed equally with the right to the enjoyment of life, liberty and property and extends beyond the life of an individual, as right to equality covers the reputation of a person during and after his death.

Mostly the purpose of Vexatious litigation is just to malign the reputation of his/  her enemy. This kind of litigation is always malicious and vengeful.

Alas ! There is no law to curb the vexatious litigation. A huge amount of litigation  is already pending in all courts  of the Country.

Asad Alvi