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Tarushi Rathore vs. Sanjay Rathore

Civil Miscellaneous (Main) Petition · 2026:DHC:7727Decided 10 Sept 2026New Delhi Bench
CM(M) 2002/2026CNR: DLHC010430172026
Justice Harish Vaidyanathan Shankar

Background

In a pending divorce case before the Family Court, the judge had directed that witness evidence be recorded before a court-appointed Local Commissioner rather than in the courtroom itself, and had laid down a very detailed procedure for how this should happen. The wife challenged this direction, arguing that evidence should instead be recorded in front of the Family Court judge so disputes during questioning could be resolved immediately.

Decision Breakdown

The High Court held that requiring the presiding judge to personally record all evidence would be impractical, since the Family Court also has to hear other cases and cannot devote unlimited time to one matter with repeated interruptions. It noted that the Family Court's order already anticipated various issues (like disputed documents) and provided a mechanism to resolve them. The wife's suggestion could still be raised before the Family Court itself if genuinely needed, but there was no ground to set aside the order entirely, so the petition was dismissed.

Lesson Learnt

Using a Local Commissioner to record witness evidence in busy family and civil courts is an accepted and practical case-management tool, and a party's mere preference for the judge to personally record evidence is not, by itself, a reason for a higher court to interfere.

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