Right To Be Forgotten: Karnataka High Court Directs Indian Kanoon To Mask Aggrieved Party's Name From Judgment Record
The Karnataka High Court has directed Indian Kanoon to mask the name of a woman, who has been granted mutual divorce and has subsequently remarried, if the judgment in question has to remain in the company's database. A single judge bench of Justice M Nagaprasanna while allowing the petition filed by the woman said, "It is not in dispute that the petitioner was the 2nd respondent...
The Karnataka High Court has directed Indian Kanoon to mask the name of a woman, who has been granted mutual divorce and has subsequently remarried, if the judgment in question has to remain in the company's database.
A single judge bench of Justice M Nagaprasanna while allowing the petition filed by the woman said,
"It is not in dispute that the petitioner was the 2nd respondent in Crl.P.No.5685/2020 and that having been terminated on account of divorce between one ----------- and the petitioner herein on 21.12.2020, the name of the petitioner should be deleted or masked from display, if the judgment has to be kept in the database of Indian Kanoon, as it would affect the personal right of the petitioner, since the petitioner has remarried and does not want her name to be shown as wife of --------."
The woman had approached the court seeking her name to be masked in the database of the respondents- Karnataka High Court, Indian Kanoon and Lawyer Services.
Advocate Vikas M. appearing for the petitioner had submitted that the petitioner was respondent No.2 in Crl.P.No.5685/2020 and on settlement being arrived at, in the said proceeding, on account of a mutual divorce therein, the Court by order dated 21.12.2020 quashed the entire criminal proceeding against one ------------, petitioner No.1 in Crl.P.No.5685/2020. Petitioner came across her name still being figured as wife of --------- despite closure of the proceedings by seeking mutual divorce.
The bench noted, "This Court has redressed the grievance of the petitioner by masking the name. The 4th respondent lawyerservices.in have withdrawn the judgment from their database. It is the Indian Kanoon that has not carried out the masking as is requested."
The bench on going through the records said, "The 3rd respondent/Indian Kanoon shall mask the name of the petitioner in Crl.P.No.5685/2020, if the same has to remain in the database of Indian Kanoon."
Case Title: Xxxxxxxx V The Registrar General
Citation: 2022 LiveLaw (Kar) 103
Date Of Order: 24th Day Of March, 2022
Appearance: Advocate Vikas M For Petitioner; Advocate Ricab Chand, For R4