Karnataka High Court
Smt. Ashwini W/O Brijesh Khemlani vs The High Court Of Karnataka on 30 August, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2023:KHC-D:11100
WP No. 101868 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 30TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 101868 OF 2023 (GM-RES)
BETWEEN:
SMT. ASHWINI W/O BRIJESH KHEMLANI.
AGE. 30 YEARS, OCC. NIL,
R/O. "ADARSHA", 530, DOUBLE ROAD,
HANUMAN NAGAR, BELAGAVI-590019.
... PETITIONER
(BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE)
AND:
1. THE HIGH COURT OF KARNATAKA,
AMBEDKAR VEEDHI, BENGALURU-560001,
R/BY ITS REGISTRAR GENERAL.
2. THE INDIAN KANOON WEBSITE,
HAVING ITS URL https://indiankanoon.org/
OFFICE AT #724, FIRST FLOOR, 9TH CROSS,
VISHAL 10TH MAIN ROAD, INDIRANAGAR, BENGALURU,
NINGAPPA KARNATAKA-560038, R/BY ITS PROPRIETOR,
SHRI. SUSHANT SINHA.
PATTIHAL ... RESPONDENTS
Digitally signed by (BY SRI. MALLIKARJUNSWAMY B. HIREMATH &
VISHAL NINGAPPA SRI. UMESH P.H., ADVOCATES FOR R1; R2 SERVED)
PATTIHAL
Date: 2023.09.25 THIS WRIT PETITION IS FILED UNDER ARTICELS 226 AND 227
10:59:06 +0530 OF THE CONSTITION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR OF ANY OTHER NATURE DIRECTING RESPONDENT
NO.2 TO DELETE THE JUDGMENT DATED 26/09/2022 PASSED BY
THIS HON'BLE COURT IN CRL.P.NO.100781/2022 VIDE ANNEXURE-A
FROM THEIR ONLINE DATE BASE AND REFRAIN FROM HOSTING THE
SAME ON ITS WEBSITE https.//indiankanoon.org/.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:11100
WP No. 101868 of 2023
ORDER
1. The petitioner had initiated criminal proceedings against her husband and in-laws which comes to be quashed in Crl.P.No.10078/2022. The petitioner now wants her name to be deleted from the website i.e. Indian Kanoon. org that having not considered, is now knocking the doors of this Court. The learned counsel would seek to place reliance upon the judgment rendered by this Court in Annexure-F.
2. This court has held as follows:
Petitioner was respondent No.2 in Crl.P.No.5685/2020 and on settlement being arrived at, in the said proceeding, on account of a mutual divorce therein, this Court by order dated 21.12.2020 quashed the entire criminal proceeding against one Mohsin Salam, petitioner No.1 in Crl.P.No.5685/2020. Petitioner comes across her name still being figured as wife of Mohsin Salam despite closure of the proceedings by seeking mutual divorce. The name was found in the databases of this Court, Indian Kanoon and lawyerservices.in.-3-
NC: 2023:KHC-D:11100 WP No. 101868 of 2023 Seeking a direction to mask the name of the petitioner, the present petition is preferred.
This Court has redressed the grievance of the petitioner by masking the name. The 4th respondent lawyerservices.in have withdrawn the judgment from their database. It is the Indian Kanoon that has not carried out the masking as is requested. It is in that light, the petitioner has preferred the subject petition.
It is not in dispute that the petitioner was the 2nd respondent in Crl.P.No.5685/2020 and that having been terminated on account of divorce between one Mohsin Salaam and the petitioner herein on 21.12.2020, the name of the petitioner should be deleted or masked from display, if the judgment has to be kept in the database of Indian Kanoon, as it would affect the personal right of the petitioner, since the petitioner has remarried and does not want her name to be shown as wife of Mohsin Salam.
3. The petitioner is entitled to a similar direction as it appears Indian Kanoon has not been masking the -4- NC: 2023:KHC-D:11100 WP No. 101868 of 2023 name on the request of the parties to the lis, but is wanting the order of the Court on every occasion.
4. For the aforesaid reasons, the following:
ORDER
i) The writ petition is allowed.
ii) The 3rd respondent/Indian Kanoor shall mask the name of the petitioner in Crl.P.No.100781/2022, if the same has to remain in the database of Indian Kanoon.
Sd/-
JUDGE vb ct:bck List No.: 1 Sl No.: 127