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Delhi High Court – Orders

Ramandeep Kaur vs Harsh Oberoi And Ors on 27 February, 2024

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 336/2024 CM APPL. 11967/2024
RAMANDEEP KAUR ….. Petitioner
Through: Mr. Rubinder Singh, Ms. Anu Mehta,
Ms. Dolly, Mr. Himmat Singh,
Advocates along with petitioner in
person (M:9821141099)
versus

HARSH OBEROI AND ORS ….. Respondents
Through: None.
CORAM:
HON’BLE MS. JUSTICE MINI PUSHKARNA
ORDER

% 27.02.2024
CM APPL. 11967/2024 (For Exemption)

1. Exemption allowed, subject to just exceptions.

2. Application is disposed of.

CONT.CAS(C) 336/2024

3. The present petition has been filed for initiating contempt proceedings
against the respondent for willful breach of the order dated 11th June, 2015
passed by the Division Bench of this Court in MAT.APP.(F.C.) 78/2015.

4. Learned counsel for petitioner submits that petitioner received the
Notice of Motion duly issued by the learned Family Court and perused the
petition attached therein. The petitioner was horrified to see that the
respondents had attached multiple photos of the petitioner, which were
private in nature, as part of Whatsapp chats between the respondent no.1 and
the petitioner’s doctor.

This is a digitally signed order.

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5. Learned counsel for petitioner has produced the concerned
photographs before this Court in a sealed cover, which have been seen and
duly returned.

6. It is submitted that the petitioner was horrified to see that the
respondents had committed such a heinous assault on the modesty of the
petitioner by attaching extremely sensitive and private photos of the
petitioner in a divorce petition, without taking the leave of the learned
Family Court, or even filing the same in a sealed cover. It is submitted that
violation of petitioner’s privacy is to the extent that the said photographs had
been allowed to pass through the hands of countless individuals, including
the lawyers who prepared the pleadings, their staff, including the clerks who
handled the same, the person who photocopied the pleadings and the various
court staff who scrutinized the pleadings at various stages. Thus, it is
submitted that the respondents have subjected the petitioner to extreme
mental harassment and public humiliation by attaching such private
photographs.

7. It is further submitted that respondent nos. 2 and 3 are advocates
having 40 years of practice each and they have facilitated the annexing of
the said photographs in willful disobedience of the directions passed by this
Court.

8. Attention of this Court has been drawn to the order dated 11th June,
2015 passed by the Division Bench of this Court in MAT.APP.(F.C.)
78/2015, relevant portion of which reads as under:

“xxx xxx xxx

27. Where litigants themselves do not realise the implications that this
has for the right to privacy and dignity of the parties involved in a
litigation, the Court expects the lawyers handling the litigation to

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 28/02/2024 at 23:07:22
display that understanding of the legal position. The law of evidence
of this country, for instance, recognises that communication between
spouses or between a lawyer and the client are ‘privileged’. The
Supreme Court has in several decisions explained that the right to
privacy of individuals flows from Article 21 of the Constitution.
Lawyers are expected to act with professional responsibility in cases
that involve disclosure of private and personal information.
xxx xxx xxx

31. The Court considers it appropriate to issue the following
directions to the Family Courts in Delhi, the parties and the lawyers,
to be followed hereafter in the cases pending in those Courts:

(i) Where a party in a case seeks to rely upon a document which
in his or her assessment or the assessment of the party’s lawyer is
of a sensitive nature, viz., which contains details of a personal or
private nature concerning a party or a person or their conduct,
which when disclosed is likely to affect the right to privacy, or
cause embarrassment, then such party and/or the lawyer of such
party will first apply to the Court seeking leave to produce such
document in a sealed cover. Till such time that leave is granted
the contents of the said document shall not be extracted in the
pleadings or a copy of the whole or part thereof enclosed with the
petition. For this purpose a document would include any writing,
private letters, notings, photographs, and documents in electronic
form including video clips, text messages, chat details, emails,
printed copies thereof, CCTV footage etc.

(ii) Where upon a party applying under (i) above, or where any
other party, or the Family Court on its own, comes across a
document on record in the case which is prima facie of a sensitive
nature, viz., which contains details of a personal or private nature
concerning a party or a person or their conduct, which when
disclosed is likely to affect the right to privacy, or cause
embarrassment, the Family Court will pass appropriate orders
concerning the said document including providing copies thereof
to the parties, preserving the originals or copies as the case may
be in a sealed cover, de-sealing for being produced during Court
proceedings and re-sealing after the purpose for which they are
directed to be produced is over.

xxx xxx xxx”

9. Accordingly, issue notice to the respondents by all modes returnable
on 22nd March, 2024.

10. In the meanwhile, this Court directs that the original physical file of

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 28/02/2024 at 23:07:22
the case bearing HMA No. 2578/2023, pending before the Principle Judge,
Family Courts, Tis Hazari Court, shall be sent to this Court before the next
date of hearing.

MINI PUSHKARNA, J
FEBRUARY 27, 2024
au

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 28/02/2024 at 23:07:23