DEEPTI KAPUR Vs. KUNAL JULKA
LAWS(DLH)-2020-6-77
HIGH COURT OF DELHI
Decided on June 30,2020

Deepti Kapur Appellant
VERSUS
Kunal Julka Respondents





Cited Judgements :-

PV VS. PK [LAWS(DLH)-2021-8-164] [REFERRED TO]
SUNIL KUMAR SHARMA VS. PREETI SHARMA [LAWS(DLH)-2022-5-1] [REFERRED TO]


JUDGEMENT

Anup Jairam Bhambhani, J. - (1.)This petition under Article 227 of the Constitution of India impugns order dated 24.12.2018 made by the learned Principal Judge (South), Family Court, Saket, Delhi in HMA No.609/2012 titled Kunal Julka vs. Deepti Kapur.
(2.)The issue at hand arises from a matrimonial dispute which is pending before the Family Court by way of a divorce petition bearing HMA No. 609/2012, the relevant details of which are referred to hereinafter.
(3.)The petitioner/wife is the respondent in the aforesaid divorce petition which was filed on 26.09.2012 by the respondent/husband seeking dissolution of their marriage on the ground of cruelty available under section 13(1)(ia) of the Hindu Marriage Act, 1955. In the divorce proceedings, the husband filed a Compact Disc (CD) purporting to contain an audio-video recording of the wife supposedly speaking with her lady friend, by name Sugandha, on phone and talking about the husband and his family in a manner, which the husband claims was derogatory, defamatory and constituted cruelty to him. In the written statement filed by the wife in the divorce proceedings, she opposed the taking on record of the CD and the purported transcript of conversation contained therein. The wife opposed the CD being brought on record on the ground, firstly, that the contents of the CD were tampered with and were therefore not authentic ; and secondly, that the contents of the CD were not admissible in evidence since they were a recording of a 'private' conversation that the wife had had with a friend, which had been secretly recorded by the husband, without the knowledge or consent of the wife, in breach of her fundamental right to privacy.


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