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Rajasthan High Court · body

2019 DIGILAW 147 (RAJ)

sonal Talpada D/o Shri Manharbhai Talpada v. Virbhan Singh S/o Shri Chattrabhan Singh

2019-01-11

INDERJEET SINGH

body2019
JUDGMENT : 1. This writ petition has been filed by the petitioner challenging the order dated 27.02.2018 passed by the Family Court, Bharatpur whereby the application submitted by the petitioner (hereinafter referred to as ‘wife’) for summoning record from the Vodaphone 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 Vodaphone Mobile Company. This said application was dismissed by the learned Family Court, Bharatpur vide its order dated 27.02.2018. 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. 4. Counsel for the husband on the other hand submits that the application has been filed by the wife in the year 2018 whereas the record of SMS details pertains to the 2012-2014 and no valid reason has been assigned by the wife for filing the said application. Counsel further submits that the divorce petition is pending before the Family Court, Bharatpur since 2009 and the respondent has suffered a great mental agony and prayed for dismissal of the writ petition. 5. Heard counsel for the parties and perused the record. 6. The writ petition filed by the wife deserves to be dismissed for the reasons; firstly, the SMS details mentioned in the application relates to the year 2012-2014 therefore, in my considered view, the learned Family Court has not committed any illegality in dismissing the application for summoning the SMS details which relates to the period long back of 2012-2014; secondly, the divorce petition is pending before the Family Court, Bharatpur since 2009, therefore, I am not inclined to exercise jurisdiction of this court under Article 227 of the Constitution of India for further delaying the proceedings pending before the Family Court since 2009. 7. 7. In that view of the matter, the writ petition filed by the wife stands dismissed. The Family Court, Bharatpur is directed to decide the pending divorce petition within a period of six months.