High Court rejected an appeal against family court order purportedly violating the right to privacy of a man. The family court, through its order, had summoned hotel records where he had stayed with a woman claiming her to be his friend.
The man allegedly had sexual relations outside his marriage. He allegedly stayed in a hotel room in Jaipur with another woman and her daughter. He contended that the family court’s order will breach his, his friend and her daughter’s privacy.
He had stated that if the family court’s directions are followed, this would not only harm the reputation and character of his friend but also the legitimacy and the paternity of the child would be under scanner too.
The court observed that rarely adultery proved directly. Hence, the records sought are relevant to prove adultery.
The court held the right to privacy as not absolute and allowed the contentions of the wife seeking the hotel records and the CDR details.
She has filed a divorce petition on the grounds of adultery and cruelty. As per her, the records are necessary to be presented to the court to prove her case.
Hence, the ID proofs, payment details, and booking details will prove that he was in a room with a woman other than his wife. Also, the call details will determine whether the call durations and the frequency of the calls between them are normal as done between the colleagues or if they point to something else.
Court denied his argument that the court is conducting a roving and fishing enquiry. It stated the wife is just seeking the details of her husband only and not that of any stranger. She has a reasonable apprehension that he underwent sexual relations with some other woman in the hotel room.
The court held that courts should step in such cases to help the wives to gather evidence under Section 14 of the Family Courts Act, which is not admitted under the Indian Evidence Act, otherwise.
Source: https://www.barandbench.com/news/litigation/seeking-details-call-records-hotel-stay-prove-adultery-not-violate-right-privacy-delhi-high-court
