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2025 DAILYLAW 5339 (UTT)

UDAYAN v. SMT NEHA GUPTA

WPMS/1133/2025 · 2025-04-25

Manoj Kumar Tiwari

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:3107 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1133/2025 WPMS No. 1133 of 2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Siddhartha Singh, learned counsel for the petitioner. 2. Petitioner has challenged the order dated 11.04.2025 passed by learned Principal Judge, Family Court, Dehradun in Original Suit No. 158 of 2018. By the said order, petitioner’s application for summoning of record from Mahant Indresh Hospital, Dehradun, was rejected. 3. Heard learned counsel for the petitioner and perused the record. 4. From the record, it is revealed that petitioner had alleged that his wife had attempted suicide and she was hospitalised in Mahant Indresh Hospital for treatment, therefore, the medical record available with the said Hospital would be relevant for deciding the divorce petition filed by the petitioner. 5. Learned Family Court has held that it is incumbent upon plaintiff/petitioner to substantiate his contention by leading evidence and he cannot use the Agency of the Court for collecting the evidence. 6. The reasoning given by learned Family Court is valid. This Court, therefore, does not find any reason to interfere with the impugned order. 7. Accordingly, the writ petition fails and is dismissed. (Manoj Kumar Tiwari, J) 25.04.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f980 2a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C 22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.04.28 09:50:44 -07'00' 2025:UHC:3107