Himani v. Akshay Gupta & Anr.

Delhi High Court · 24 Jul 2025 · 2025:DHC:6089
Manoj Jain
CM(M) 1338/2025
2025:DHC:6089
family other

AI Summary

The High Court directed the trial court to provide the petitioner a copy of the pendrive evidence on payment of costs to enable effective cross-examination in a divorce proceeding.

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CM(M) 1338/2025 1
HIGH COURT OF DELHI
Date of Decision: 24th July, 2025
CM(M) 1338/2025 & CM APPL. 44078/2025
HIMANI .....Petitioner
Through: Mr. A.K. Tripathi and Mr. Abhishek Rawat, Advocates
VERSUS
AKSHAY GUPTA & ANR. .....Respondent
Through: None
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioner is defending a petition filed by her husband whereby he seeks divorce.

2. The grievance and the limited request of the petitioner/wife is to the effect that she has yet not received the pendrive which her husband had filed when he tendered his affidavit in the Court.

3. The pendrive has been referred to as Ex. PW1/4 (collectively with the transcription) and according to petitioner, she would not be able to effectively cross-examine her husband, unless the softcopy of the media file which is, reportedly, contained in pendrive is also supplied to her.

4. The request of this kind could have, easily, been made by her before the learned Trial Court itself.

5. Even if softcopy of the media in question had already been supplied to the petitioner and had been, somehow, misplaced by her, it could be again provided, albeit, subject to her bearing the requisite expenditure in this regard. CM(M) 1338/2025 2

6. During course of the arguments, learned counsel for petitioner submitted that petitioner is ready to bear the cost in this regard.

7. Next date before the learned Trial Court is stated to be 14.08.2025 for cross-examination of respondent herein and in order to avoid any further delay in the matter and without going into the fact whether the pendrive was earlier supplied or not, the present petition is disposed with direction to learned Trial Court to direct its official to provide DVD of the aforesaid exhibit on the condition that expenditure in this regard shall be borne by the petitioner herein.

8. Let application to that effect be made within one week from today and the learned Trial Court would accordingly direct that the requisite DVD be provided to her, well-in-advance so that the cross-examination of respondent herein also takes place on the date fixed i.e. 14.08.2025.

9. Petition stands disposed of in the aforesaid terms.

10. Pending application also stands disposed of in the aforesaid terms.

JUDGE JULY 24, 2025/dr/shs