Bombay High Court Allows Godwoman Radhe Maa To Pursue Personality Rights Suit Against Google

Justice Abhay Ahuja allowed her petition under Clause XII of the Letters Patent, holding that the proposed suit could be instituted before the Court.

In an order dated October 9, the Court granted leave after considering the petition and the submissions made on Radhe Maa's behalf.

The order concerns the Court's jurisdiction to entertain the proposed suit and does not adjudicate the underlying allegations of personality rights infringement or disparagement.

Appearing for Radhe Maa, Advocate Hasmit Trivedi submitted that a material part of the cause of action had arisen within the Bombay High Court's jurisdiction.

He argued that she resides and carries on her spiritual and charitable activities within the jurisdiction, while the allegedly infringing content is accessible to users there.

The submissions also stated that respondents Google and other platforms make their services available to users within the jurisdiction and derive advertising revenue from them. According to the petitioner, the alleged harm to her reputation, goodwill and personality rights was also suffered within the Court's jurisdiction.

The godwoman's counsel further contended that some respondents were situated outside India and that dissemination of the allegedly infringing content was not confined to Mumbai but extended worldwide.

Since the alleged acts involved online platforms, she argued that at least part of the cause of action had arisen within the Court's territorial jurisdiction.

After perusing the leave petition and the plaint proposed to be filed, Justice Ahuja granted leave under Clause XII of the Letters Patent, 1865, allowing the petition in terms of the prayer seeking permission to institute the suit.

For Radhe Maa: Advocate Hasmit Trivedi with Hetal J. Patel, Hemanshu Vyas and Suraj Shetye