Swati Dewangan v. Parasram Dewangan

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP (227) No. 716 of 2021 Swati Dewangan D/o Kamalnarayan Dewangan, Aged about 30 years R/o C/o Krishna Auto Center Bagdipara Aarang, Raipur, Distt. Raipur (C.G.) ---- Petitioner

Versus

Parasram Dewangan S/o Lt. Mannu Lal Dewangan, Aged about 31 years R/o Ward No.4, Mahamaya Chowk, Palari, Balodabazar (C.G.) --Respondent For Petitioner :

Mr. Akhtar Hussain, Advocate For Respondent :

None.

Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 16/12/2021 1.

The instant writ petition under article 227 of the Constitution of India has been preferred against the order dated 18/11/2021 in Civil Suit No. A/26/2019 by the Judge, Family Court, Balodabazar- Bhatapara whereby the application filed under Order 7 Rule 14 (3) of the Code of Civil Procedure, 1908 filed by the respondent has been allowed. 2.

Brief facts of the case are that the marriage of the petitioner was solemnized with the respondent on 29/04/2018. The petitioner has one son out of their wedlock. After marriage, the respondent used to doubt the character of his wife and some times on false allegations quarreled with the petitioner. The respondent filed a petition before the Family Court for divorce and an application under Order 7 Rule 14 (3) of the CPC, in

which some obscene pictures of the petitioners have been filed. Hence, this petition.

3.

Counsel for the petitioner submits that the learned Family Court was wrong in allowing the application as the right of privacy is fundamental right. The respondent, through fabricated documents and pictures, has tried to affect the reputation of the petitioner. He has also submitted the application for taking documents on record after two years of filing the divorce petition is not bonafide.

4.

I have heard learned counsel for the petitioner and documents annexed with the petition.

5.

Considering the submissions made by the learned counsel for the petitioner and also considering the dispute between the husband and wife as the respondent wants to unfold certain things in the relationship between the husband and wife by way of alleged photographs, this Court does not find any irregularity in the impugned order passed by the trial Court.

6.

Accordingly, this petition is dismissed.

Sd/- (Deepak Kumar Tiwari) Judge rahul