Madras High Court Rules on Spousal Privacy and Snooping by Spouses
5 months 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.

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History of this topic

'Watching Pornography Not Cruelty On Husband': Madras HC Refuses Man's Plea For Divorce
1 week, 4 days ago

'Watching Pornography Not Cruelty On Husband': Madras HC Refuses Man's Plea For Divorce

ABP News  

The Madras High Court has ruled that a wife watching pornography or engaging in self-pleasure was not cruelty upon the husband unless it has proved to affect the matrimonial relationship. A bench of Justice GR Swaminathan and Justice R Poornima stated that the fundamental right of privacy included spousal privacy and the contours of spousal privacy included a woman's sexual …

Wife masturbating right to spousal privacy; if porn watcher compels other spouse to join, that’s cruelty: Madras HC
1 week, 4 days ago

Wife masturbating right to spousal privacy; if porn watcher compels other spouse to join, that’s cruelty: Madras HC

Live Mint  

The Madras High Court on Wednesday rejected a man's plea seeking divorce from his wife on the ground that she watched pornography and often masturbated. The court emphasised the woman's sexual autonomy and that the fundamental right to privacy includes spousal privacy. The court said that watching pornography in a private setting was not an offence and that if a …

Wife Watching Porn, Engaging In Self Pleasure Not By Itself Cruelty On Husband, Woman Retains Her Individuality Even After Marriage: Madras High Court
1 week, 5 days ago

Wife Watching Porn, Engaging In Self Pleasure Not By Itself Cruelty On Husband, Woman Retains Her Individuality Even After Marriage: Madras High Court

Live Law  

The Madras High Court has observed that a wife watching pornography or engaging in self pleasure by itself was not cruelty upon the husband unless it was proved that the same affected the matrimonial relationship. Highlighting that self pleasure was not a forbidden fruit, the court noted that even after marriage, the woman continued to retain her individuality and her …

Court Rules: Spousal Privacy is a Fundamental Right, Including Mobile Phone Snooping
4 months, 4 weeks ago

Court Rules: Spousal Privacy is a Fundamental Right, Including Mobile Phone Snooping

ABP News  

The Madras High Court has ruled that the fundamental right to privacy includes spousal privacy. The court held that evidence obtained by invading this right is inadmissible, citing the principle that privacy includes spousal privacy. The court also emphasized that law cannot permit or encourage snooping by one spouse on another.

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, 10 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 …

Karnataka: Third Party's Privacy Can’t be Violated to Prove Illicit Relations in Matrimonial Dispute, Says HC
2 years, 3 months 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 …

Husband Cannot Seek Mobile Tower Location Of Wife's Alleged Lover To Prove Adultery As It Violates Privacy : Karnataka High Court
2 years, 3 months 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 …

"Today Google Knows More About You Than Your Spouse-" Justice V Ramasubramanian On 'Right To Privacy: New Age Challenges'
5 years, 2 months ago

"Today Google Knows More About You Than Your Spouse-" Justice V Ramasubramanian On 'Right To Privacy: New Age Challenges'

Live Law  

It is indeed a privilege to be invited deliver a Memorial Lecture instituted in the name of Justice V.R. Sharma vs. Satish Chandra, where the Supreme Court held that there is no justification to import the right to privacy into our Constitution by a process of strained construction, analogous to American Fourth Amendment. The Supreme Court affirmed in this case …

Privacy a Fundamental Right: Now What Happens With Marital Rape?
7 years, 7 months ago

Privacy a Fundamental Right: Now What Happens With Marital Rape?

The Quint  

In a historic decision, a nine-judge bench of the Supreme Court held that privacy is a fundamental right and that it is an integral part of right to life and personal liberty under Article 21 of the Constitution, and as part of freedoms guaranteed under Part III of the Constitution. The six opinions in the judgement expand the ambit of …

Citizens of India today have right to privacy, says former Justice Puttaswamy
7 years, 7 months ago

Citizens of India today have right to privacy, says former Justice Puttaswamy

The Hindu  

The original petitioner in the right to privacy case is a happy man after Thursday’s verdict from the Supreme Court. While the Court will still hear the case on the use of Aadhaar, the judgment by the nine-judge bench delivered on Thursday deals with the larger issue of the right to privacy of an individual and its classification as a …

This Is What Supreme Court Said In Right To Privacy Judgment [READ JUDGMENT]
7 years, 7 months ago

This Is What Supreme Court Said In Right To Privacy Judgment [READ JUDGMENT]

Live Law  

Justice DY Chandrachud 1 The judgment in M P Sharma holds essentially that in the absence of a provision similar to the Fourth Amendment to the US Constitution, the right to privacy cannot be read into the provisions of Article 20 of the Indian Constitution. The judgment does not specifically adjudicate on whether a right to privacy would arise from …

This Is What Supreme Court Said In Right To Privacy Judgment [READ JUDGMENT]
7 years, 7 months ago

This Is What Supreme Court Said In Right To Privacy Judgment [READ JUDGMENT]

Live Law  

Justice DY Chandrachud 1 The judgment in M P Sharma holds essentially that in the absence of a provision similar to the Fourth Amendment to the US Constitution, the right to privacy cannot be read into the provisions of Article 20 of the Indian Constitution. The judgment does not specifically adjudicate on whether a right to privacy would arise from …

Full text of Supreme Court’s judgment on Right to Privacy
7 years, 7 months ago

Full text of Supreme Court’s judgment on Right to Privacy

Hindustan Times  

In a landmark decision that will affect the lives of all Indians, the Supreme Court on Thursday unanimously declared that individual privacy is a “guaranteed fundamental right”. In a landmark ruling, the Supreme Court on Thursday said Indians have a constitutional right to privacy The verdict by a nine-judge Constitution bench could now test the validity of Aadhaar, the controversial …

In a 9-0 verdict, Supreme Court says right to privacy is a Fundamental Right: Highlights from judgment
7 years, 7 months ago

In a 9-0 verdict, Supreme Court says right to privacy is a Fundamental Right: Highlights from judgment

Firstpost  

The Supreme Court on Thursday declared to right to privacy as a Fundamental right under the Constitution. A nine-judge constitutional bench headed by Chief Justice JS Khehar ruled that right to privacy is protected intrinsically as part of rights guaranteed under Article 21 of the Constitution. Breaking: Right To Privacy is a fundamental right :SC — Live Law August 24, …

SC declares right to privacy is fundamental: What was the debate about?
7 years, 7 months ago

SC declares right to privacy is fundamental: What was the debate about?

Hindustan Times  

A nine-judge bench of the Supreme Court on Thursday declared privacy to be a fundamental right in a landmark judgment. Some legal experts define privacy as a human right and international charters, like the Article 12 of the Universal Declaration of Human Rights, protect persons against “arbitrary interference” with one’s privacy. The Supreme Court’s landmark judgment unequivocally declares privacy a …

Supreme Court to decide how private is privacy today: A look at the arguments made for and against the case
7 years, 7 months ago

Supreme Court to decide how private is privacy today: A look at the arguments made for and against the case

Firstpost  

Firstpost put together the key underlying arguments in both for and against the case on right to privacy and what the Supreme Court has said so far. Senior counsel Gopal Subramanium who is leading the argument on behalf of the petitioners said, “The Right to Privacy is recognised as a Fundamental Right under Article 21 of the Constitution. “Privacy is …

The Right to Privacy Hearing: Problems and Prospects
7 years, 7 months ago

The Right to Privacy Hearing: Problems and Prospects

Live Law  

A nine-judge bench of the Supreme Court reserved judgment on the issue of whether there exists a fundamental right to privacy under the Indian Constitution. Sharma, an eight-judge bench of the Supreme Court observed that: “When the Constitution makers have thought fit not to subject such regulation to Constitutional limitations by recognition of a fundamental right to privacy, analogous to …

Right to privacy not fundamental right, Centre tells SC
7 years, 8 months ago

Right to privacy not fundamental right, Centre tells SC

India TV News  

Right to privacy not fundamental right, Centre tells SC Centre on Thursday told the Supreme Court that since privacy was multifaceted, it could not be treated as a fundamental right. The Centre on Thursday told the Supreme Court that since privacy was multifaceted, it could not be treated as a fundamental right. Venugopal had yesterday told the bench the right …

Right To Privacy Needs To Be Viewed In Light Of Technological Advances: Senior Advocate Kapil Sibal [Read Written Submission]
7 years, 8 months ago

Right To Privacy Needs To Be Viewed In Light Of Technological Advances: Senior Advocate Kapil Sibal [Read Written Submission]

Live Law  

Addressing the mammoth nine-Judge Constitution Bench set up for the purpose, Senior Advocate Kapil Sabil has submitted that the Right to Privacy is a “quintessential right flowing out of the bouquet of rights under enshrined under Article 21.”Mr. Addressing the mammoth nine-Judge Constitution Bench set up for the purpose, Senior Advocate Kapil Sabil has submitted that the Right to Privacy …

Right to privacy not absolute, says Supreme Court
7 years, 8 months ago

Right to privacy not absolute, says Supreme Court

Deccan Chronicle  

New Delhi: Right to privacy is not absolute and courts can’t stop the legislature from imposing reasonable restrictions, the Supreme Court on Wednesday observed orally while taking up a batch of petitions challenging the constitutional validity of the Aadhaar scheme and claiming privacy as a fundamental right. Chandrachud, Sanjay Kishan Kaul and S. Abdul Nazeer is revisiting, after 55 years, …

Is There A Right To Privacy? SC’s Nine Judge Bench Seeks Answer From Petitioners on Day One of Hearing
7 years, 8 months ago

Is There A Right To Privacy? SC’s Nine Judge Bench Seeks Answer From Petitioners on Day One of Hearing

Live Law  

Justice Chandrachud observed that if we just hold privacy is a right, Naz judgment may become problematic.The hearing before the nine-Judge bench of the Supreme Court on whether there is a fundamental right to privacy in India began today, with the counsel for petitioners making a strong pitch in favour of the right to privacy. Justice Chandrachud observed that if …

Is There A Right To Privacy? SC’s Nine Judge Bench Seeks Answer From Petitioners on Day One of Hearing
7 years, 8 months ago

Is There A Right To Privacy? SC’s Nine Judge Bench Seeks Answer From Petitioners on Day One of Hearing

Live Law  

Justice Chandrachud observed that if we just hold privacy is a right, Naz judgment may become problematic.The hearing before the nine-Judge bench of the Supreme Court on whether there is a fundamental right to privacy in India began today, with the counsel for petitioners making a strong pitch in favour of the right to privacy. Justice Chandrachud observed that if …

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