AASHA LATA SONI Vs. DURGESH SONI

JUDGEMENT

(1.) The petitioner has challenged the order dtd. 21/10/2021 passed by the learned Family Court, Mahasamund, District Mahasamund, Chhattisgarh in Miscellaneous Criminal Case No.F-118/2019, whereby the application filed by respondent under Sec. 311 of the CrPC to summon the witness for further cross-examination has been allowed.

(2.) The application under Sec. 125 of the CrPC was moved by the petitioner for the grant of maintenance and the same is pending before the concerned Family Court since 2019.

(3.) Learned counsel for the petitioner would submit that the learned Court below has committed an error of law by allowing the application as it infringes the right of privacy of the petitioner and without her knowledge conversation was recorded by respondent and the same cannot be used against her. He has placed reliance on the judgments passed by the Hon'ble Supreme Court in the matters of R. M. Malkani v. State of Maharashtra reported in AIR 1973 SC 157 and Mr. 'X' v. Hospital 'Z' reported in AIR 1999 SC 495, and the judgment passed by the High Court of Madhya Pradesh in the matter of Anurima alias Abha Mehta v. Sunil Mehta reported in AIR 2016 Madhya Pradesh 112.