NAINITAL, India, Feb. 3 -- Uttarakhand High Court issued the following order on Jan. 5:
HIGH COURT OF UTTARAKHAND AT NAINITAL
Appeal from Order No. 249 of 2025
Suresh Chandra Mathpal
Appellant
Versus
Geeta Mathpal and Another
Respondents
Present:
Mr. Sanjay Bhatt, Advocate for the petitioner.
Mr. Saurabh Kumar Pandey, Advocate for the respondents.
Coram:
Hon'ble Ravindra Maithani, J.
Hon'ble Alok Mahra, J.
Hon'ble Ravindra Maithani, J. (Oral)
The challenge in this appeal is made to the order dated 01.04.2025, passed in Civil Suit No. 69 of 2022, Suresh Chandra Mathpal vs. Smt. Geeta Mathpal and Another, by the court of Principal Judge, Family Court, Nainital, District Nainital ("the case"). By it, the application filed by the appellant for forensic examination of a mobile phone has been rejected.
Heard learned counsel for the petitioners and perused the record.
The case is pending between the parties under Section 13 of the Hindu Marriage Act, 1955, for divorce. The appellant is the petitioner in the case. The appellant had deposited the mobile phone of Respondent No. 1 in the Court, which was sealed on 28.05.2022. The appellant thereafter moved an application in the case with the averment that in the mobile phone deposited by him in the court, there is objectionable chatting, obscene photographs, and videos, and Respondent No. 1 had denied the existence of such material in the mobile phone. Therefore, the mobile phone may be sent for forensic examination.
The rest of the order can viewed here:
https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xxypifCVcXcvnr4vspTfDdEZHeYG7TPc3XKHsvE3ASH4&caseno=AO/249/2025&cCode=1&cino=UKHC010109452025&state_code=15&appFlag=
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