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 right to privacy, come to the aid of a married. 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 right to privacy, come to the aid of a married man who, during the subsistence of his marriage, is alleged to have indulged in sexual relationships outside his marriage. The court said that while the husband might be right in contending that even a legally wedded wife may not have a fundamental right to know every minor detail about her husband or to seek information as to with whom he talks, it observed that it cannot be ignored that the legally wedded wife has a reasonable apprehension that her husband was indulging in adultery for which she had filed a divorce petition under Section 13 of the Hindu Marriage Act. ALSO READ: Family Court Must Step In When Wife Seeks Help For Procuring Evidence To Prove Husband’s Adultery, Right To Privacy Not Absolute: Delhi High Court

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History of this topic

Court Rules: Spousal Privacy is a Fundamental Right, Including Mobile Phone Snooping
1 month, 3 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.

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 …

In deepfake era, photos claiming adultery by spouse to be proved by evidence: Delhi HC
6 months, 2 weeks ago

In deepfake era, photos claiming adultery by spouse to be proved by evidence: Delhi HC

Deccan Chronicle  

New Delhi: In the era of deepfakes, photographs placed by a spouse alleging adultery by the other partner would have to be proved by way of evidence before the family court, the Delhi High Court has said.The court's observation came while dealing with a man's contention that his estranged wife was living in adultery. The high court dismissed the appeal …

Daughter In Law Has No Indefeasible Right In Shared Household, In-Laws Cannot Be Excluded: Delhi High Court
1 year, 7 months ago

Daughter In Law Has No Indefeasible Right In Shared Household, In-Laws Cannot Be Excluded: Delhi High Court

Live Law  

The Delhi High Court has ruled that a daughter in law does not have an indefeasible right in a “shared household” and that the in-laws cannot be excluded from the same.“Thus, the concept of ‘shared household’ clearly provides that the right of the daughter-in-law in a shared household is not an indefeasible right and cannot be to the exclusion of …

Family Courts Expected To Not Adopt Hyper-Technical Approach And Close Party’s Right To Cross Examination In Hurried Manner: Delhi High Court
1 year, 7 months ago

Family Courts Expected To Not Adopt Hyper-Technical Approach And Close Party’s Right To Cross Examination In Hurried Manner: Delhi High Court

Live Law  

The Delhi High Court has observed that the family courts are expected to not adopt a “hyper-technical approach” and close the right of cross examination of a party in a hurried manner while dealing with matrimonial cases.Justice Rekha Palli made the observation while setting aside an order passed by the family court rejecting a wife’s application for restoration of her …

Family Court Must Step In When Wife Seeks Help For Procuring Evidence To Prove Husband’s Adultery, Right To Privacy Not Absolute: Delhi High Court
1 year, 7 months ago

Family Court Must Step In When Wife Seeks Help For Procuring Evidence To Prove Husband’s Adultery, Right To Privacy Not Absolute: Delhi High Court

Live Law  

The Delhi High Court has observed that a wife can seek production of evidence or documents to prove the charge of adultery levelled by her against the husband in a divorce petition before family court and same will be in consonance with section 14 of Family Courts Act.“….when a wife seeks the help of the Court for procuring evidence which …

Courts Will Not Have Time For Any Other Matter If They Proceed Against Every False Statement Made: Kerala High Court
1 year, 8 months ago

Courts Will Not Have Time For Any Other Matter If They Proceed Against Every False Statement Made: Kerala High Court

Live Law  

The Kerala High Court recently held that before initiating prosecution for perjury, the court must be convinced that it is expedient in the interest of justice to enquire into the offence. Sudha observed that : “in order to initiate prosecution for perjury, the Court must prima facie reach a conclusion that there has been a deliberate and conscious effort to …

Law Doesn’t Permit Husband To Take Away Wife's Household Articles, Jewellery Without Her Consent And Knowledge: Delhi High Court
1 year, 11 months ago

Law Doesn’t Permit Husband To Take Away Wife's Household Articles, Jewellery Without Her Consent And Knowledge: Delhi High Court

Live Law  

The Delhi High Court has observed that the law does not permit a husband to take away the wife's household articles including jewellery without her consent and knowledge. Observing that no person can be allowed to take law in his own hands with an excuse that the parties are litigating, Justice Amit Mahajan observed: “Only because a complaint of wife …

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 …

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 …

Right To Privacy Is A Right In Personam, Not Inheritable By Mothers Or Legal Heirs Of Deceased: Delhi High Court
2 years, 2 months ago

Right To Privacy Is A Right In Personam, Not Inheritable By Mothers Or Legal Heirs Of Deceased: Delhi High Court

Live Law  

The Delhi High Court has ruled that the right to privacy is essentially a right in personam and therefore is not inheritable by the mothers or legal heirs of the deceased persons.Justice Neena Bansal Krishna made the observation while refusing to grant interim relief in a suit filed against Bollywood Filmmaker Hansal Mehta and others for restraining the release of …

Subjecting Citizen To Police Scrutiny, Verification Of Personal Docs Without Any Reason Serious Invasion Of Right To Privacy: Delhi High Court
2 years, 5 months ago

Subjecting Citizen To Police Scrutiny, Verification Of Personal Docs Without Any Reason Serious Invasion Of Right To Privacy: Delhi High Court

Live Law  

The Delhi High Court has observed that subjecting a citizen to police scrutiny including verification of personal documents for no good reason would entail a serious invasion of his right to privacy. Justice Asha Menon made the observation while dealing with a plea filed by a complainant seeking directions on the Delhi Police to make enquiry for correct identification of …

S.7 Family Courts Act | Circumstances Arising Out Of Marital Relationship May Include Not Only Husband & Wife But Also Parents-In-Law: Delhi HC
2 years, 5 months ago

S.7 Family Courts Act | Circumstances Arising Out Of Marital Relationship May Include Not Only Husband & Wife But Also Parents-In-Law: Delhi HC

Live Law  

The Delhi High Court has held that the words "circumstances arising out of marital relationship" used in reference to filing of suit for injunction under Clause of the explanation to Section 7 of the Family Courts Act, 1984 would include not only the husband and wife but may also include the parents-in-law. The petitioner herein had responded to this suit …

Woman Marries Against Wishes Of Parents: High Court Directs Delhi Police To Provide Safe Travel Passage For Uniting Her With Husband
2 years, 11 months ago

Woman Marries Against Wishes Of Parents: High Court Directs Delhi Police To Provide Safe Travel Passage For Uniting Her With Husband

Live Law  

The Delhi High Court has directed the Delhi Police to provide a safe travel passage to a woman who had married a man against the wishes of her family. Uniting the woman with her husband, Justice Siddharth Mridul and Justice Anup J. Bhambhani took note of the fact that both were major individuals and that the woman had married with …

Can Husband Produce Secretly Recorded Phone Conversations Of Wife As Evidence In Divorce Case? Supreme Court To Consider
2 years, 11 months ago

Can Husband Produce Secretly Recorded Phone Conversations Of Wife As Evidence In Divorce Case? Supreme Court To Consider

Live Law  

The Supreme Court today issued notice in a SLP challenging a Punjab and Haryana High Court's order which held that recording of telephonic conversation of the wife without her knowledge is an infringement of her privacy. The High Court had held that a discreetly recorded phone conversation won't be admissible in evidence before the Family Court.A bench comprising Justices Vineet …

Delhi HC Upholds CIC Order Denying Information To Husband About Complaints Filed By Estranged Wife Against Previous Husbands
3 years, 3 months ago

Delhi HC Upholds CIC Order Denying Information To Husband About Complaints Filed By Estranged Wife Against Previous Husbands

Live Law  

The Delhi High Court has upheld an order passed by Central Information Commission denying information to a husband about complaints lodged by his estranged wife against her two previous husbands and their family members under the Right to Information Act, 2005. Four RTI applications were filed by the third husband, petitioner in the case, seeking information about the complaints registered …

Liberal Approach Of Law For Collection Of Evidence Should Not To Be Taken As Approval To Adopt Illegal Means, Especially In Matrimonial Disputes: Delhi HC [Read Judgment]
4 years, 5 months ago

Liberal Approach Of Law For Collection Of Evidence Should Not To Be Taken As Approval To Adopt Illegal Means, Especially In Matrimonial Disputes: Delhi HC [Read Judgment]

Live Law  

"While law must trump sentiment, a salutary rule of evidence or a beneficent statutory provision, must not be taken as a license for illegal collection of evidence." The Delhi High Court on Tuesday sounded a note of caution against collection of evidence by "surreptitious means", in matrimonial disputes. "What is permitted under Section 14 is only for the Family Court …

Evidence Collected In Breach Of Right To Privacy Alone Doesn't Make It Inadmissible: Delhi HC [Read Judgment]
4 years, 5 months ago

Evidence Collected In Breach Of Right To Privacy Alone Doesn't Make It Inadmissible: Delhi HC [Read Judgment]

Live Law  

In a significant judgment pertaining to rules for collection and admissibility of evidence, the Delhi High Court has held that evidence collected in breach of the fundamental right to privacy alone, would not make it inadmissible in court of law. The single bench has held that while a litigating party certainly has a right to privacy, that right "must yield" …

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