Karnataka: Third Party's Privacy Can’t be Violated to Prove Illicit Relations in Matrimonial Dispute, Says HC
2 years ago

Karnataka: Third Party's Privacy Can’t be Violated to Prove Illicit Relations in Matrimonial Dispute, Says HC

News 18  

The Karnataka High Court recently quashed the order of a family court allowing access to tower location/call records of a person, who was not a party in a matrimonial dispute between a man and a woman. Informational privacy also forms an integral part of the right to privacy,” said the court, which was hearing a plea filed by the woman’s alleged lover, against the order of the family court. The family court, on her husband’s plea alleging that she had an extramarital affair, had summoned the tower location details of the petitioner. The person approached the high court contending that he is a third party to the proceedings and the order of the family court violated his right to privacy. “A citizen has a right to safeguard the privacy of his own, his family, marriage and other incidental relationships,” it said, adding that the family court’s order undoubtedly violated informational privacy.

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History of this topic

Madras High Court Rules on Spousal Privacy and Snooping by Spouses
1 month, 3 weeks ago

Madras High Court Rules on Spousal Privacy and Snooping by Spouses

Live Law  

The Madras High Court has ruled that the fundamental right to privacy includes spousal privacy. The court noted that the law could not permit or encourage snooping by one spouse on another. The court also observed that evidence obtained by invading the privacy of the partner was inadmissible in the court.

Breach Of Privacy: Madhya Pradesh High Court Declines Admission Of Unauthorised Recordings Of Wife's Conversations In Matrimonial Dispute
4 months, 2 weeks ago

Breach Of Privacy: Madhya Pradesh High Court Declines Admission Of Unauthorised Recordings Of Wife's Conversations In Matrimonial Dispute

Live Law  

The Madhya Pradesh High Court bench has addressed the issue of the admissibility of electronic evidence recorded illegally in matrimonial disputes. Justice Gajendra Singh set aside a previous order by the Additional Principal Judge, Family Court, Indore, which allowed the inclusion of an illegally recorded conversation as evidence. Previous judgments, notably Anurima alias Abha Mehta vs. Sunil Mehta and Abhishek …

Can Husband’s Right To Privacy Prevail Over Wife’s Right To Seek Evidence For Proving Her Allegations Of Adultery? Delhi High Court Answers
1 year, 7 months ago

Can Husband’s Right To Privacy Prevail Over Wife’s Right To Seek Evidence For Proving Her Allegations Of Adultery? Delhi High Court Answers

Live Law  

Can the husband's right to privacy be permitted to prevail over his wife's right to seek redressal under the provisions of the Hindu Marriage Act?The Delhi High Court today ruled that since Hindu Marriage Act specifically recognises adultery as a ground for divorce, it would not at all be in public interest that the court should on the ground of …

Husband Cannot Seek Mobile Tower Location Of Wife's Alleged Lover To Prove Adultery As It Violates Privacy : Karnataka High Court
2 years ago

Husband Cannot Seek Mobile Tower Location Of Wife's Alleged Lover To Prove Adultery As It Violates Privacy : Karnataka High Court

Live Law  

The Karnataka High Court has said that disclosure of mobile tower locations of a third party in a matrimonial case cannot be permitted as it would violate the right to privacy of the person, who is not a party to the proceedings. "Third party's privacy cannot be permitted to be violated on the specious plea of the husband that he …

Secretly Recording Wife's Phone Calls is Infringement of Her Privacy: HC
3 years ago

Secretly Recording Wife's Phone Calls is Infringement of Her Privacy: HC

News 18  

Recording of wife's telephonic conversation without her knowledge is infringement of her privacy, the Punjab and Haryana High Court has observed. The Bathinda family court had allowed the woman's estranged husband to prove a CD pertaining to recorded conversations between him and his wife subject to the condition of its correctness. "Recording of telephonic conversation of the wife without her …

Can Parties In Cases Of Personal Nature Seek Masking Of Thier Identities In Records To Protect Privacy? Kerala High Court Refers To Division Bench
3 years, 7 months ago

Can Parties In Cases Of Personal Nature Seek Masking Of Thier Identities In Records To Protect Privacy? Kerala High Court Refers To Division Bench

Live Law  

Recently, a Single Bench of the Kerala High Court referred to larger bench the question whether parties in a proceeding that did not involve public interest could seek the masking of their names. In this light, he framed this question for the consideration of a Division Bench - "Therefore, the question that has to be considered in this writ petition …

Action Should Be Taken Against Investigating Officer Who Leaks Private Data Of Accused To Third Parties : Karnataka High Court
3 years, 9 months ago

Action Should Be Taken Against Investigating Officer Who Leaks Private Data Of Accused To Third Parties : Karnataka High Court

Live Law  

In a significant verdict, the Karnataka High Court has held that an investigating officer has no right to disclose the private date seized from the smartphones or electronic gadgets of an accused to a third party, without the written permission of the concerned court.An investigating officer who leaks such private data to third party should be proceeded against for dereliction …

Publication Of Court Order No Violation Of Right To Privacy : Indian Kanoon Opposes Plea In Kerala HC To Remove Personal Details From Reported Judgment
3 years, 11 months ago

Publication Of Court Order No Violation Of Right To Privacy : Indian Kanoon Opposes Plea In Kerala HC To Remove Personal Details From Reported Judgment

Live Law  

"Law allows the publication of matters which are "public records", including court records and orders of courts/tribunals," said legal search engine Indian Kanoon in a counter-affidavit filed before the Kerala High Court in response to a writ petition seeking removal of the name/ personal details of the Petitioner. Right To Be Forgotten: Kerala HC Admits Plea For Removal Of Personal …

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