RACHNA SRIVASTAVA Vs. SANJAY SRIVASTAVA

JUDGEMENT

(1.) Present revision petition is directed against order dtd. 1/4/2024 passed by JMIC Gurgaon.

(2.) The disputes relates to admission of personal diary of the petitioner in evidence. The Trial Court has allowed the diary to be tendered in evidence. The present revision petition has been preferred relying upon ratio of law laid down by Supreme Court in the case of Vibhor Garg vs. Neha reported as 2025 INSC 829.

(3.) Counsel for the petitioner submits that diary in question being a privileged communication, cannot be allowed to be admitted in evidence in view of the provisions of Sec. 122 of the Evidence Act, 1872 re-enacted as Sec. 128 of the Bhartiya Sakshya Adhiniyam, 2023.