AJ vs MJ

Vipin Sanghi, J.

CM. No. 23858/2015

This application has been filed by the petitioner with the prayer that a pseudonym be assigned to the parties for all past and future reference in the judgment dated 21.02.2014. A further restraint has been sought against indiankanoon.com not to publish the judgment dated 21.02.2014 in its website with the real name, and without pseudonyms. The petitioner also seeks a direction to the indiankanoon.com or any other websites to remove the judgment from their respective websites.

The submission of learned counsel for the petitioner is while deciding the review petition, this court vide order dated 17.05.2014 had directed that the judgment dated 21.02.2014 be removed from the official website of this court as well as two other websites, namely, indiankanoon.org and legalcrystal.com., as the said judgment was allegedly being misused by the respondent. Whereas legalcrystal.com has removed the said judgment, indiankanoon.org is not complying with this request.

This court vide order dated 27.08.2015 passed in C.M. (M) No. 821/2009 had issued a direction that in all matrimonial disputes and guardianship disputes, which fall within the jurisdiction of the Family Courts, the names of the parties be effaced in the cause title and in other parts of the judgment, as and when they are uploaded on the website of the Delhi High Court. The court had also directed that the names of the children be also similarly effaced and be replaced by first character of the spelling of their names. This direction cannot be effectively implemented unless other legal search engines also do the needful as such an arrangement is necessary to preserve the privacy of the litigating parties and their children, and to save them from embarrassment and humiliation. Disclosure of their names does not serve any useful purpose for the general public.

Accordingly, this application is disposed of by directing that the names of the parties be effaced in the cause title and in all other portions of the judgment dated 21.02.2014 as well as in the orders uploaded on the website in relation to the present case. Indiankanoon.com/.org is also directed to follow this direction and to ensure strict compliance of this order not only in relation to this case, but in relation to other cases relating to matrimonial and/or custody disputes. In case any other website reports the said judgment, and the petitioner finds that the names of the parties are included in the same, it shall be open to the petitioner to communicate this order to the concerned webhost to make amends in terms of this order. The concerned webhosts shall ensure compliance of this order generally in such like cases.

The application stands disposed of in the aforesaid terms.