ANJALI SHARMA Vs. RAMAN UPADHYAY

JUDGEMENT

(1.) The petitioner/defendant/wife has filed this misc. petition challenging the order dtd. 13/4/2023 passed by Additional Principal Judge, Family Court, Gwalior in Case No. 122-A/2018 (HMA), whereby learned Family Court has permitted the respondent/plaintiff/husband to mark the exhibits on the WhatsApp chats produced by him in his evidence.

(2.) For the sake of convenience, petitioner and respondent hereinafter shall be referred to as wife and husband respectively.

(3.) The facts necessary for decision of this case are that the marriage between the parties took place on 1/12/2016 at Gwalior as per Hindu Rites and Rituals. Out of this wedlock, a baby girl was born on 11/10/2017. The husband has filed a suit for dissolution of marriage under Sec. 13 of Hindu Marriage Act, 1955, on the ground of cruelty. He has also pleaded adultery on the part of wife. In order to prove adultery, in paragraphs 8 and 9 of the plaint, specific pleadings have been made with regard to WhatsApp chat of the wife with a third person. The husband has pleaded that by way of a special application installed in the wife's phone, the WhatsApp chatting of her phone are automatically forwarded to his phone, which shows that the wife is having extramarital affair with a third person.