No invasion of privacy in considering the details of the residents of hotel to prove the Adultery: Delhi High Court

The Delhi high court provided the relief to the woman with respect to the evidences of hotel to prove the husband’s offense of Adultery. According to court, access to the husband’s call records, CCTV footages, etc do not invade the privacy as enshrined under Article 21. In 2021, the wife had discovered some conversation of the husband with another woman and she firstly filed the petition before the family court during December, 2021[1]. The woman was wanting the divorce from her husband on the grounds of cruelty and adultery. Eventually, she filed the suit before the magistrate. The Magistrate dismissed the plea of woman as no notice was served to her husband. Furthermore, the woman also approached the session court and the same decision got upheld by the additional sessions judge[2].

Finally, the Delhi high court provided the relief to the woman who was the victim of adultery and the cruel behaviour. The court held that the recognition of Adultery in Hindu Marriage Act is under the category of offenses. Therefore, the court may not aid the husband on the ground of breach of privacy[3]. The husband on the other side, told the court that it has not only infringed his privacy but also of his friend from whom he had the affair.

Finally, Justice Rekha Palli ruled that the wife can rely upon the evidence to prove the offense of adultery as per the Hindu Marriage Act.  The court additionally observed the need for those hotel evidences is much relevant for the woman to prove the offense of adultery[4]. Hence, the court dismissed the husband’s plea and upheld the family court’s verdict.

Written by- Aniruddh Atul Garg, student at ILSR, GLA University, Mathura, 2^nd Semester, an intern under Legal Vidhiya

[1] LIVE LAW, https://www.livelaw.in/high-court/delhi-high-court/delhi-high-court-preservation-hotel-booking-phone-records-cdr-husband-wife-adultery-228452 (last visited 12^th May, 2023).

[2] Ibid

[3] BAR AND BENCH, https://www.barandbench.com/amp/story/news/litigation/seeking-details-call-records-hotel-stay-prove-adultery-not-violate-right-privacy-delhi-high-court (last visited 12^th May, 2023).

[4] Ibid

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