Abuse of Process of Law:
When someone improperly or in an unjustified way uses the legal proceedings, he is said to commit the abuse of process of law. The law has given facilities to the people in general, but sometimes some unfair advantages are taken from it. When someone just takes unfair advantage of the legal proceedings for some ulterior motives, he is said to commit abuse of process of law. Anyone can commit the abuse of process of law. Sometimes the parties to the litigation do it for some ulterior motives. Sometimes it is the lawyers who do it to please their parties. For example when the case of khula in Pakistan is filed by the wife, the husband knows it that he cannot stop the female from taking khula so he request the lawyer to delay the process so that he may have reconciliation with the wife
Generally, the parties to the cases know that they are guilty or they cannot win the case. In such situations, they purposely delay the cases. They most of the time request the lawyers to delay the case, and some of the times when the lawyers themselves know that they cannot win the case, they delay it on purpose to make their clients happy. This abuse of process of law should be figured out by the council of the other party.
Court:
The courts should also be vigilant to trace the abuse of process of law and should stop all such attempts that may cause delay in justice. The clients are generally not law-knowing, so they rely on the councils. When the parties tell their lawyers that they want to delay the case, the lawyers delay it for a purpose.
Example:
For example, if a wife has filed the case of the dower amount as per the NADRA marriage certificate but the husband, instead of contesting the case, challenges the nikahnama registration in Pakistan, it will be abuse of process of law.
The courts cannot punish the concerned person for the abuse of process of law in Pakistan because this act is not illegal in itself. When the concerned party is using the legal process but for some ulterior motives, only then will it be abuse of process. As the courts cannot punish someone for doing a legal thing, the courts should be vigilant enough to figure out the abuse of process of law in Pakistan. When the courts figure out such a thing, then it is the responsibility of the court to finish such a thing and put a stop to it. For example, instead of filing the case of child custody in Pakistan, the father files the fake petition of habeas just because he wants to meet his child, which will be considered a fractured petition, and the court can also fine the petitioner for such an application.
Concerned Parties:
Not only the concerned parties or the lawyers in Pakistan can do the abuse of process of law but some of the times the courts can also do the same. When the court does it, then the lawyer can take the matter to a higher forum.
