Husband in a divorce petition challenged the Family Court's order permitting the wife's additional documents, including WhatsApp chats, to be marked. The High Court modified the order, directing that the exhibits stand marked only subject to objection.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:8940 WP No. 201 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 201 OF 2024 (GM-FC)
BETWEEN:
DR. ELROY SALDANHA, AGED ABOUT 38 YEARS, S/O MR. ELIAS SALDANHA, RESIDING AT BLUE HEAVEN TERRACE, HOUSE NO. 5-45, KRISHNAPURA, SURATHKAL POST, MANGALURU - 575 014.
…PETITIONER
(BY SRI. RAKESH KINI, ADVOCATE)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
DR. DEEPTI CELESTINE D'SOUZA, AGED ABOUT 36 YEARS, D/O. MARK D'SOUZA, W/O. DR. ELROY SALDANHA, RESIDING AT 3-17-1467 KADRI, DIVYA SADAN, BEHIND NANTHOOR CROSS, KARAVALI LANE, MANGALORE, KARNATAKA - 575 002.
…RESPONDENT
(BY SRI. SANATHKUMAR SHETTY K, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 15.12.2023 PASSED BY THE PRINCIPAL JUDGE, FAMILY
NC: 2024:KHC:8940 WP No. 201 of 2024
COURT, DK, MANGALURU, IN M.C.NO.243/2022 ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The writ petition is filed seeking for following prayers:-
" A. Set aside the order dated 15.12.2023 passed by the Principal Judge, Family Court, D.K., Mangaluru, in MC.No.243/2022 ("Annexure-A"); and
B. Pass any such order as this Hon'ble Court deems fit in the interest of justice and equity."
NC: 2024:KHC:8940 WP No. 201 of 2024
in evidence. As such, he is before this Court questioning the said order.
that the documents are marked subject to objection. It is submitted that petitioner could have raised his objection before the Court below and there is no cause of action to approach this Court. He has also drawn the attention of this Court to the deposition of the respondent wherein, it is stated that same is marked subject to objection. Learned counsel submits that without any cause of action, petitioner has come before this Court.
NC: 2024:KHC:8940 WP No. 201 of 2024
submission of the learned counsels on either side, this Court deems it appropriate to modify the order passed by the Court below that the documents that are marked in I.A.No.7 i.e., Exs.R.45 to 61, Ex.R45(a), Ex.R.47(a), Ex.R.47(b), Ex.R.48(a) to Ex.R.52(a) are marked subject to objection. Accordingly, the writ petition is disposed of.
SD/JUDGE
MH/List No.: 1 Sl No.: 2 CT: BHK
1 issue framed by the court
Whether WhatsApp chat exhibits sought to be received in the divorce case could be marked, and subject to what conditions?
3 provisions across 2 enactments
Dr. Elroy Saldanha
Dr. Deepti Celestine D'Souza
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
