Karnataka High Court
Sri.N.K.Bheemaiah vs The Registrar General on 20 November, 2018
Author: B.Veerappa
Bench: B. Veerappa
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE B. VEERAPPA
WRIT PETITION No.43941/2018(GM-RES)
BETWEEN:
SRI.N.K.BHEEMAIAH
S/O. N. KUSHALAPPA ,
AGED ABOUT 76 YEARS,
RESIDING AT NO. 31,
1ST MAIN ROAD, HORAMAVU,
MUNNI REDDY LAYOUT,
BANGALORE 560043.
... PETITIONER
(BY SRI MANJUNATH K. V., ADVOCATE)
AND:
THE REGISTRAR GENERAL
HIGH COURT OF KARNATAKA,
BANGALORE 560001.
... RESPONDENT
(BY SRI M.A. SUBRAMANI, HCGP)
****
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENT TO REMOVE/MASK THE NAME
OF THE DAUGHTER OF THE PETITIONER, IN THE DIGITAL
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RECORDS MAINTAINED BY THE HON'BLE HIGH COURT, AS
INDICATED IN THE RANK OF PETITIOENR IN ORDER DATED
01.03.2011 PASSED BY THIS HON'BLE COURT IN
W.P.NO.37988/2010, TO THE EXTENT OF THE SAME NOT
BEING VISIBLE FOR THE SEARCH ENGINE INCLUDING
GOOGLE OR OTHER SEARCH ENGINES.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
The petitioner who is the father of Mrs. Sabina Krishna has filed the present writ petition seeking the following reliefs:
"Issue a writ of mandamus directing the respondent to remove/mask the name of the daughter of the petitioner, in the digital records maintained by the Hon'ble High Court, as indicated in the rank of the petitioner in order dated 1.3.2011 passed by this Hon'ble Court in W.P. No.37988/2010, to the extent of same not being visible for the search engine including Google or other search engines."3
2. It is the case of the petitioner that he has three daughters, who are married and well settled in life. The eldest daughter of the petitioner viz., Mrs. Sabina Krishna was working in HP from the year 2000 to 2008. During the said period, one of her team members had a matrimonial dispute and had filed a matrimonial case before the Family Court. In the said case, unwarranted allegations on wrong assumptions were made against the petitioner's daughter - Mrs. Sabina Krishna and she was made a party to the said proceedings. Aggrieved by the same, the petitioner's daughter - Mrs. Sabina Krishna filed W.P. No.37988/2010 to quash the order dated 19.10.2010 passed by the Family Court dismissing her application to delete her name from the array of parties in the Matrimonial case. This Court after hearing both the parties by the order dated 1.3.2011 allowed the writ petition and set aside the impugned order passed by the Family Court and the application filed by the petitioner's daughter - Mrs. Sabina Krishna seeking deletion 4 of her name from the array of parties, came to be allowed and directed for deletion of her name in the matrimonial case.
3. It is further case of the petitioner that the daughter of the petitioner viz., Mrs. Sabina Krishna, went through very trying times during the case and had to leave the job. The society is very unforgiving and she had to face the brunt of it for absolutely no fault of hers. Inspite of the order passed by this Court, the display of the case as a search result is tarnishing the petitioner's daughter's image, causing undue hardship, humiliation to her and her family. Therefore the petitioner is before this Court for the reliefs sought for.
4. I have heard the learned counsel for the parties to the lis.
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5. Sri Manjunath K.V., learned counsel for the petitioner contended that inspite of the order passed by this Court dated 1.3.2011 made in W.P. No.37988/2010 directing to delete the name of the petitioner's daughter - Sabina Krishna from the array of parties in the Matrimonial Case, the display of his daughter's name in public domain by way of result in a search engine is still subsisting. He would further contend that the right to privacy is held in high esteem in the Indian Constitution and moreso when it relates to a woman. The said order carries the name of the petitioner's daughter in public domain causing grave negative impact on the petitioner's daughter and their family. He would further contend that the grievance of the petitioner is not of the publication of the said order on the High Court website, but it is only to the extent of said soft copy, indicating the name of the petitioner's daughter viz., Mrs. Sabina Krishna and resultantly the same being made available in public domain, upon search by use of 6 search engine. That will come in the way of the petitioner daughter's married life. Therefore he sought to allow the writ petition.
6. Per contra, Sri M.A. Subramani, learned HCGP appearing for the respondent submits that since petitioner's daughter was made a party in W.P. No.37988/2010 and the said order being released and uploaded, the name of the petitioner's daughter viz., Mrs. Sabina Krishna is available in the website, upon search by use of search engine and necessary action will be initiated in terms of the order passed by this Court. The said fair submission is placed on record.
7. Having heard the learned counsel for the parties, it is not in dispute that the petitioner's daughter - Mrs. Sabina Krishna filed writ petition No.37988/2010 before this Court against the order dated 19.10.2010 made in M.C. No.2666/07 dismissing her application to delete her name 7 from the array of parties in the Matrimonial case. This Court on perusal of the petition averments, recorded a finding that in the petition filed under Section 10(1)(ix)&(x) of the Divorce Act, 1969, by one Mrs. Monisha, this Court do not find any allegations of adulterous life being led by the husband of 2nd respondent therein with the present petitioner's daughter and Section 10(i) of the Divorce Act provides specifically adultery as one of the grounds for dissolution of the marriage and ultimately allowed the writ petition and set aside the order passed by the Family Court and the application filed by the present petitioner's daughter seeking deletion of her name from the array of parties in the Matrimonial Case, came to be allowed. The grievance of the petitioner is that the digitization of the records has resulted in the name of the petitioner's daughter being available in the website of the High Court through search engine. Since the same has caused certain embarrassment and hardship to the petitioner's daughter, 8 the petitioner is before this Court seeking that her daughter's name be removed/masked from the digital records maintained by the High Court in respect of W.P. No.37988/2010 dated 1.3.2011.
8. Though the petitioner's daughter could have approached this Court, the petitioner who is unable to tolerate the embarrassment to his daughter has approached this Court. On careful perusal of the order passed by this Court dated 1.3.2011 made in W.P. No.37988/2010, it clearly depicts that this Court has considered the request and allowed the application filed by the present petitioner's daughter to delete her name from the array of parties in the Matrimonial Case.
9. In view of the aforesaid reasons, the writ petition is allowed. The Registry is directed to mask/delete the name of the petitioner's daughter viz. Mrs. Sabina Krishna from the digital records relating to W.P. No.37988/2010 as 9 also the order relating to this case and other records, if any wherein the name of the petitioner would appear. The same shall be complied on a copy of this order being furnished to the Registry.
10. The Copy of this order shall be furnished to the learned Government Pleader as well as to the Registry of this Court for implementation of the order at the earliest.
Sd/-
JUDGE Gss/-