• My divorce dowry case is online on Indian Kanoon site, want to get it removed

My divorce dowry case is showing online on Indian Kanoon site along with my complete details, name address and all the cases I filed. I want to get it removed or atleast change my name and address in that, since I am a girl and I am facing lot of issues because my complete name and address is online, i cant understand how such things can help anyone, its just like a torture specially for a girl.I have tried mailing them but they say since its a dowry criminal case, they have the right to make it available on their site for public help. Pls let me know how can i get that link or details removed.
Asked 5 years ago in Family Law
Religion: Hindu

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31 Answers

Only admin of the website can remove the details posted on the website 

 

if it is reported judgment it would not be removed 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Your case judgement may be a reportable judgement, so is the reason showing online and may publish in law journals also. You have to approach high court for directions to hide your name and identity. Such protection is usually available physically abused victims. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

How did the website get your details. 

You have not given proper details so that a proper suggestion can be rendered. 

You can resort to legal action by issuing a legal notice to them to remove it since the personal details are reflected in it which causes you embarrassment. 

After that you can file a suit for permanent injunction to restrain them from reflecting your case details for the reasons you may rely upon. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You need to contact the admin for the same. The email id is mentioned in website. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

you will have to seek orders from the Court which is trying your matter

plz file an application for directions against the website

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

it might be a possibility that your judgement may be Reportable , If that will be a case, then it can not be removed.

You need to contact the site Admin for the same. 

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

Please approach cybersecurity cell and report this matter to cyber crime cell for your grievances against injustice being caused to you by Indian Kanoon site. Cyber Crime Cell would help you to remove it from the site of Indian Kanoon as per your case and merits in the matter.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

- Court judgements are public records, and if a case is heard by a court of India, no one can argue that the opinion should not be published and viewable by all, unless the court itself expressly says it cannot be published.

- Hence, kanoon.com can publish the court cases online without the permission of anyone or competent authority , and further Section 52(1)(q)(iv) of the Copyright Act states that publication of court judgements does not constitute an infringement of Copyright.

- Further in the matter of R. Rajagopal versus State Of T.N on 7 October, 1994 , the Supreme Court held that publication of court records will not constitute any violation of the right to privacy, and further held:

The rule aforesaid is subject to the exception, that any publication concerning the aforesaid aspects becomes unobjectionable if such publication is based upon public records including court records. This is for the reason that once a matter becomes a matter of public record, the right to privacy no longer subsists and it becomes a legitimate subject for comment by press and media among others. We are, however, of the opinion that in the interests of decency [Article 19(2) an exception must be carved out to this rule, viz., a female who is the victim of a sexual assault, kidnap, abduction or a like offence should not further be subjected to the indignity of her name and the incident being publicised in press/media.

- Hence for removing or modify any public documents , court order is needed , except in the cases of registered under Section 376 IPC, Section 354 IPC or Sexual Harassment Act.

- However you can send an email to [deleted] with the link/URL of the case on Indian Kanoon.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

write to the support and admin team of the web site requesting them to hide your personal details, if they cannot remove the case.  

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Serve them with a legal notice than file a complaint against them in the police as any details about a lady( favour or against) can't be displayed. Even govt. Website which have data of courts displays women details as xxxxx

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You have to take injunction from High Court for such things that not to display your name publicly or changed naming atleast like applicant and respondent should mentioned only.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You are suggested to talk to helpline number of the website. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You may contact web admin and request them to remove. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

I am sorry but judgements are public documents and hence cannot be taken down.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Contact their customer support. However if there is any judgement then there is nothing to do but yes yes  name and address should not be there . I think there must be some mistake.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Court cases are public records and website doAES not need anyone's permission to publish court cases. The Section 52(1)(q)(iv) of the Copyright Act states that publication of court judgments does not constitute an infringement of Copyright.

 

2) In R. Rajagopal vs State Of T.N on 7 October, 1994 where the Supreme Court defined the scope of the Right to Privacy, it held that publication of court records will not constitute any violation of the right to privacy. It held:

The rule aforesaid is subject to the exception, that any publication concerning the aforesaid aspects becomes unobjectionable if such publication is based upon public records including court records. This is for the reason that once a matter becomes a matter of public record, the right to privacy no longer subsists and it becomes a legitimate subject for comment by press and media among others. We are, however, of the opinion that in the interests of decency [Article 19(2) an exception must be carved out to this rule, viz., a female who is the victim of a sexual assault, kidnap, abduction or a like offence should not further be subjected to the indignity of her name and the incident being publicised in press/media

3)You can send an email to [deleted] with the link/URL of the case on Indian Kanoon.

4) they generally insist on court orders for removal of  your case from the website 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You are advised to file a police complaint against them. 

They will remove the details 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

it is Advisable to kindly move an application before the court to get your name and address removed. 

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

Dear Querist

Immediately file a writ petition before the High Court against the Indian Kanoon.com, the State Government, and the Ministry of Broadcasting,  the high court shall pass an order and your name along with other details may be deleted from the Internet and even the Judgment of your case may also be altered and delete your name and addresses from the Judgment of the Court.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

You can contact them they will remove it 

. It's a private site. If you want I can assist you to remove it as your lawyer

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Indian kaanoon.org is not a website owned by government of India.

There is no reason for this website to publish your personal details and the case history.

First ascertain the details of the said publication and write to the website people asking for explanation as to why your details were published in the public domain.

 

If their reply is not satisfactory you may decide to contemplate legal action against them even through cyber crime laws.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The site is a private site

You will have to issue a legal notice to the site

If no response then you will have to file a civil suit for injunction 

 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Such sites are only visited by lawyers for legal research. 

Well, as I informed under right to be unknown, you can obtain directions from court which have passed the order by filing petition.

First try to remove your name by sending email to chief Justice of High court and registrar, HC administration.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If your case has been disposed of by High Court or Supreme Court of India on facts and legal issues and the matter is reportable then you can't do anything. If it is something else then Please state we may suggest and help you further more .

 


Sushant Sinha is founder and owner of Indiankanoon.org and the website is private. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

- As i mentioned above you can lodge a complaint before indiankanoor.org , and if no response then file Mandatory injunction suit before the court for getting order in your support. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

it's private website, you may direct contact web admin through mail. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

It is a private site but anyone can find a case through all other websites whoch also display these facts. This is how judgments are written by courts.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

IndianKanoon.org is private site, You can ask them to blur the sentence where your name and address is appearing. because other Government sites are paid site to take a citations case like SCC.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. You can get it removed but you need to file suit against Indian kanoon site because once a case is decided it's judgement become public property and can be accessed by anyone for their refrence. 

2. You can request Indiankanoon for removal of your name from the judgement. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Kindly get in touch with me via this platform .

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

It is a private site. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

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