New Delhi: In an ex-parte order, the Delhi
High Court on Saturday restrained an Indian maid from pursuing her
lawsuit in the US against her former employer, an IFS officer,
and her husband for allegedly abusing her.
Justice Kailash Gambhir allowed the civil suit of the
Ministry of External Affairs contending that the case
initiated by the maid, Shanti Gurung, with the help of a
voluntary organisation against Indian Diplomat Neena and
Yogesh Malhotra, is abuse of process of law as the allegations
are baseless and malafide.
"Applying the tri-partite test of prima facie case,
balance of convenience and irreparable loss and injury, this
court deems it appropriate to grant an ex parte anti-suit
injunction in favour of the plaintiffs(Centre and Malhotras)
and against the defendants (Gurung and others) restraining
them from pursuing the complaint....," Justice Gambhir said.
The court, however, asked the government to contact
Gurung and ascertain the veracity of her allegations against
"If Gurung has been a victim of any barbaric conduct, as
held by the United States court, at the hands of Neena then
the government has the prime responsibility of taking care of
her rights as well, she also being an Indian citizen.
"This court therefore directs the government to
establish personal contact with Gurung through its diplomatic
channels to ascertain the veracity of the allegations made by
her before the next date," the court said and posted the
matter for further hearing for May 3.