This observation was made by the Delhi high court while dismissing a husband’s plea which
challenges two orders passed by the family court allowing wife’s applications for. seeking CCTV footage preservation of a hotel where he indulged in adultery with a lady. The parties got married in the year 1998 and a girl child was born in 2000. His wife filed a petition seeking divorce before the family court last year on the grounds of adultery and cruelty. She also further alleged that the husband had an illegitimate child. Unless the information as directed by the family court is brought on record, she can’t prove this charge against her husband. The husband’s council opposed that he merely met one of his friends along with her daughter coincidently in the same hotel. The husband also took the plea that the divulgence of information will violate his right to privacy along with that lady and her minor child. Justice Palli said that the wife not only placed various photographs showing husbands proximity with the lady but also the details of the room and the dates on which the husband was staying with the lady. By section 14 of the family courts act she is only trying to seek production of evidence to prove these charges against him. The court furthermore observed that the lady was able to make out prima facie of the case. The court said that the impugned orders passed by the family court for production of the records do not deal with the questions as to whether the record would itself be sufficient to prove the charges of adultery against the husband.
written by- Krishna Riya. P. D.,Sem: 3rd sem BBA. LLB, College: Government law college Thrissur intern under legal vidhiya.
