SONAL TALPADA Vs. VIRBHAN SINGH

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order dt. 27/2/2018 passed by the Family Court, Bharatpur whereby the application submitted by the petitioner (hereinafter referred to as 'wife') for summoning record from the Vodafone Mobile Company pertaining to the SMS details was dismissed.

(2.) Brief facts of the case are that the respondent (hereinafter referred to as 'husband') filed a divorce petition before the Family Court, Bharatpur on the ground of cruelty against his wife. During pendency of the divorce proceedings, the wife submitted an application for summoning record pertaining to the SMS details from the Vodafone Mobile Company. This said application was dismissed by the learned Family Court, Bharatpur vide its order dt. 27/2/2018. Hence, this writ petition has been filed by the wife.

(3.) Counsel for the wife submits that the details of SMS which the petitioner wants to summoning from the mobile company will prove that the behavior of the husband was cruel with the wife and therefore, the application submitted by the wife deserves to be allowed. Counsel further submits that no prejudice would be caused to the husband if, the required details are summoned and placed on record.