Court Cannot Be a Tool for Fraud: Kerala High Court Dismisses Writ Appeal Filed Using Forged Signature of Wife, Orders Criminal Contempt Against Husband

“Misuse of Wife’s Identity to Stall Passport Revocation—Shocking Abuse of Judicial Process,” In an extraordinary judgment Kerala High Court delivered a resounding condemnation of fraud committed on the court by a man who filed a writ petition and a writ appeal in his estranged wife’s name using forged documents without her knowledge or consent. The Division Bench of Justice A. Muhamed Mustaque and Justice S. Manu not only dismissed the appeal but also initiated criminal contempt proceedings, imposed exemplary costs of Rs. 3 lakhs, and directed the immigration authorities to prevent the petitioner from leaving India without the court’s permission.

“No court can allow itself to be used as an instrument of fraud. The judicial process cannot become a means to subvert justice,” the Bench remarked, quoting the Supreme Court in Bhagwan Singh v. State of U.P. [(2025) 6 SCC 416] and V. Chandrasekaran v. Administrative Officer [(2012) 12 SCC 133]. [Para 15]

Forgery, Impersonation, and Fraud on Court: Husband Files Writ Petition Using Wife’s Name to Stall Passport Proceedings

The Court was hearing a writ appeal purportedly filed by Mrs. Abhila Madhavan Nair challenging a show-cause notice issued under Sections 10(3)(b) and 10(3)(e) of the Passport Act, 1967, which sought to revoke the passport of her husband, Mr. Shibu Mohan, for suppressing a pending criminal case registered under Section 420 IPC. The appeal sought protection for Mr. Shibu Mohan’s passport and travel liberty.

However, a disturbing fact emerged during the proceedings—Mrs. Abhila herself filed a complaint stating that she had no knowledge whatsoever of the writ petition or writ appeal being filed in her name.

“Documents like the statement of facts, affidavit, vakalath, and memorandum of appeal were never signed by Smt. Abhila Madhavan Nair,” noted the Court, accepting the detailed inquiry report of the Registrar (Judicial). “The filings were based on forged documents created by her husband.” [Registrar’s Conclusion, Para 7]

The Court held that this act was not only a fraud upon an individual but a fraud upon the institution of justice, warranting the most severe judicial response.

“Appalling Abuse of Judicial Process”—Court Slams Attempt to Evade Passport Revocation Using Wife’s Identity

Mr. Shibu Mohan, who was working in Dubai, had his passport renewed through the Indian Consulate without disclosing his criminal case. Upon receiving a show-cause notice, instead of facing proceedings, he used his wife’s name to file a writ petition and appeal, thereby seeking interim orders in her name.

The Court observed:

“Mr. Shibu Mohan arranged to get the writ petition and appeal filed in his wife’s name by providing her passport copy and never contacting her. This was a calculated move. The contradictions in his affidavits reveal shifting defences and show deliberate manipulation.” [Para 13]

The Court also rejected his defence that the advocate had acted without instructions:

“His conduct in receiving the copy of the judgment in the writ petition and thereafter proceeding to file the writ appeal in her name shows conscious complicity. The act of forging documents and obtaining orders under false pretences is nothing short of criminal.” [Para 13]

Violation of High Court Rules by Advocate—Court Permits Disciplinary Action

The advocate who filed the writ petition and appeal violated Rules 76 and 79 of the Kerala High Court Rules, which mandate that the advocate must verify the presence and consent of the client.

“The advocate attested pleadings without seeing or verifying the appellant. This is a gross breach of professional responsibility,” the Court said, permitting Mrs. Abhila to proceed against the lawyer before appropriate forums. [Para 19]

Contempt and Criminal Liability—Court Orders Prosecution Under Bharatiya Nyaya Sanhita and BNSS

The Court found that Mr. Shibu Mohan’s conduct amounted to offences under:

• Sections 236 (forgery), 237 (fraudulent use of documents), 242 (false evidence), 318, and 319 of the Bharatiya Nyaya Sanhita, 2023

• Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

“Mr. Shibu Mohan’s actions constitute criminal contempt. Registry shall initiate proceedings and place the matter before the appropriate Bench as per roster,” the Court directed. [Para 17]

Additionally, the Registrar's report and a copy of the judgment were ordered to be forwarded to the local police, and Mrs. Abhila was given liberty to pursue her criminal complaint. [Para 21]

Attempt to Flee Country Despite Court’s Ban—Contempt Worsened by Disobedience

In yet another stunning revelation, the Court noted that despite being restrained from leaving the country, Mr. Shibu Mohan attempted to board a flight to Abu Dhabi on 22 August 2025 from Trivandrum International Airport.

“His conduct is unforgivable. This court had directed him not to leave India. Attempting to flee without permission amounts to direct disobedience of a binding judicial order,” the Bench noted with dismay. [Para 14]

The Court directed that the travel restriction imposed on Mr. Shibu Mohan shall remain in force until the contempt case is heard and disposed of. Immigration authorities have been instructed to ensure enforcement.

Exemplary Costs for Misusing Court and Dragging Wife into Litigation

The Court imposed Rs. 3 lakhs in exemplary costs on Mr. Shibu Mohan:

• Rs. 1.5 lakhs to the Kerala Legal Services Authority for abusing the process and wasting judicial time

• Rs. 1.5 lakhs to Mrs. Abhila for causing her “mental agony, inconvenience, and unnecessary litigation” [Para 16]

“This Court cannot allow itself to be used as an instrument of fraud. The writ petition and writ appeal were filed without knowledge or consent of the appellant. That itself is sufficient to dismiss this appeal with exemplary costs,” the Court concluded. [Para 16]

Failure to deposit costs within three weeks will result in recovery proceedings initiated by the Registry.

Passport Authorities Can Proceed Against Husband After Dismissal of Appeal

Having dismissed the writ appeal, the Court restored the power of the Ministry of External Affairs and other authorities under the Passport Act, 1967, to proceed with the show-cause notice issued to Mr. Shibu Mohan regarding passport revocation.

“Authorities shall be at liberty to proceed further on the basis of the show-cause notice issued to Mr. Shibu Mohan, in accordance with law,” the Court directed. [Para 20]

A Landmark Ruling Against Judicial Impersonation and Abuse of Process

This decision by the Kerala High Court stands as a landmark in preserving the sanctity of the judicial process, forcefully asserting that forgery, impersonation, and manipulation of court proceedings are intolerable and will be met with the strongest possible judicial sanction.

“The interest of justice and public interest coalesce. Courts must never become vehicles of fraud,” the Court emphasized, invoking the principles laid down by the Supreme Court. [Para 15]

Date of Decision: 30 October 2025