GAUTAM MEHRA vs SONIA MEHRA & ANR.

Judgment text excerpt

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 28.02.2025 ,,,,,,,,,, + CM(M) 2301/2024 & CM APPL. 20615/2024 FOR PRESERVATION OF CALL DATA & CM APPL. 61147/2024 O 16 R 6 CPC GAUTAM MEHRA .....Petitioner Through: Ms. Malvika Rajkotia, Mr. Mayank Grover, Ms. Aashna Talwar, Advs. versus SONIA MEHRA & ANR. .....Respondents Through: Mr. Prashant Mendiratta, Ms. Neha Jain, Mr. Sanchit Saini and Mr. Rahul Bhaskar Advs. Mr. Shrish Kohli, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT (ORAL) RAVINDER DUDEJA, J. 1. Petitioner has impugned the order dated 04.03.2024, passed in HMA No. 991/2023, whereby, the learned Family Court dismissed the application filed by the petitioner under Order 16 Rule 6 of Code of Civil Procedure [“CPC”] read with Section 14 of the Family Courts Act, seeking preservation of call data records of the respondents. CM(M) 2301/2024 Page 1 of 14 Signature Not Verified Digitally Signed By:SUNITA KUMARI Signing Date:10.03.2025 19:15:28 2. The dispute between the petitioner and respondent No. 1 emanates from the filing of the divorce petition titled “Gautam Mehra Vs. Sonia Mehra & Anr.”, HMA No. 991/2023 by the petitioner before the Family Court, Saket. 3. Petitioner filed a petition under Section 13 (1) (i) & (i-a) of the Hindu Marriage Act seeking dissolution of marriage on the grounds of cruelty and adultery. In the said matter, petitioner filed an application under Order 16 Rule 6 CPC read with Section 14 of the Family Courts Act, inter alia, seeking summoning, preservation and furnishing of mobile call records of the mobile numbers of respondent No.1 & 2 for the past two years. Respondent No. 2 is stated to be paramour of respondent No. 1. 4. Vide impugned order dated 04.03.2024, learned Family Court dismissed the app