The Delhi High Court has clarified that judges cannot compare handwriting samples of parties without first informing them and giving them a proper opportunity to respond.

The Court stressed that carrying out such comparisons without notice, and then using them to draw conclusions, violates the principles of fairness and natural justice.

The observation came in a matrimonial case where a family court had independently compared a woman’s handwriting to determine if she had written a particular document. It also drew an adverse inference when she was reluctant to provide handwriting samples.

The High Court found this approach to be legally unsound. It noted that the woman was never clearly informed that her handwriting would be examined for comparison, and no handwriting expert was consulted.

While acknowledging that courts have the power under Section 73 of the Evidence Act to compare handwriting, the judges emphasized that this power must be exercised cautiously and with due notice to the parties involved.

As proper procedure was not followed, the High Court set aside the divorce decree passed by the family court.

The ruling underlines a key principle: fair procedure is just as important as the evidence itself, and parties must be kept informed before any critical step is taken in a case