Delhi High Court: Judges Cannot Compare Handwriting Without Informing Parties

The Delhi High Court held that a judge cannot compare handwriting samples of parties without informing them and giving them an opportunity to respond.

The Court said such comparison under Section 73 of the Evidence Act must be done sparingly and fairly.

In this case, a Family Court compared handwriting on its own and drew adverse conclusions without notice or expert opinion.

Calling this a violation of natural justice, the High Court set aside the divorce decree, stating that parties must be aware before such evidence is used against them.