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Delhi High Court - Orders

Lalita Yadav vs Uidai & Ors on 11 July, 2024

Author: Sanjeev Narula

Bench: Sanjeev Narula

                                    $~91
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           W.P.(C) 9356/2024
                                                LALITA YADAV                                                                          .....Petitioner
                                                                                      Through:                 Mr. Arunya Mehta, Advocate.

                                                                                      versus

                                                UIDAI & ORS.                                                                      .....Respondents
                                                                                      Through:                 Ms. Saroj Bidawat, SPC with
                                                                                                               Ms. Archana Kumari, GP for R-1.

                                                CORAM:
                                                HON'BLE MR. JUSTICE SANJEEV NARULA
                                                                                      ORDER

% 11.07.2024 CM APPL. 38393/2024 (seeking exemption from filing clear/ typed/ certified/ translated/ original documents with affidavit)

1. Exemption is granted, subject to all just exceptions.

2. The Petitioner shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

3. Accordingly, the application stands disposed of.

W.P.(C) 9356/2024

4. The Petitioner and Respondent No. 2, a married couple, are currently litigating before the Additional Principal Judge, Family Courts, South West, Dwarka Courts. The Petitioner has filed a petition under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights. Respondent No. 2, on the other hand, has filed a petition under Section 13(1)(ia) of the This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2024 at 03:37:43 said Act, seeking divorce on the ground of cruelty.

5. Petitioner contends that Respondent No. 2 has, after the marital discord, solemnized another marriage with Respondent No. 3. During the course of trial in the afore-mentioned petitions, which have been consolidated by the Trial Court, the Petitioner secured an order for summoning of a witness from Respondent No. 1 with the record pertaining to Respondent No. 3's Aadhar card. However, the said witness could not be examined in view of Section 33(1) of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. In such circumstances, considering that under Section 33(1) of the said Act, only this Court can direct disclosure of information sought by the Petitioner, the Petitioner has filed the present petition for necessary directions to Respondent No. 1.

6. Issue notice. Ms. Saroj Bidawat, counsel, accepts notice on behalf of Respondent No .1. Counter affidavit be filed within four weeks from today. Rejoinder thereto, if any, be filed within two weeks thereafter.

7. Issue notice to the remaining Respondents, upon filing of process fee, by all permissible modes, returnable before the next date of hearing.

8. Counter affidavit on behalf of the said Respondents shall be filed within four weeks from the date of service. Rejoinder thereto, if any, be filed within two weeks thereafter.

9. List on 09th September, 2024.

SANJEEV NARULA, J JULY 11, 2024 nk This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2024 at 03:37:43