NEW DELHI: Can a high court or family court pass directions to get evidence like mobile call records and records of spouse’s stay in hotels in order to decide matrimonial dispute in which allegation of adulterous relationship is levelled by his or her partner?
The Supreme Court has decided to examine the issue on a plea of a husband who challenged the order of a family court to collect such evidence. He alleged that such an order is against his right to privacy which cannot be curtailed just to prove adulterous relationship which is not an offence against society.
A bench of Justices Krishna Murari and Sanjay Kumar issued notice to the wife and asked her to file a response within two weeks. The family court had directed Fairmont Hotel in Jaipur to preserve the documents relating to reservation details, payment details and ID proofs of the occupant(s) in their hotel and send the same to the court. It had also directed the mobile companies concerned to preserve and send the call detail records (CDR). The order was upheld by the Delhi HC.
Advocate Preeti Singh, appearing for the husband, submitted that family courts should not indulge in collecting evidence in family matters.
The Supreme Court has decided to examine the issue on a plea of a husband who challenged the order of a family court to collect such evidence. He alleged that such an order is against his right to privacy which cannot be curtailed just to prove adulterous relationship which is not an offence against society.
A bench of Justices Krishna Murari and Sanjay Kumar issued notice to the wife and asked her to file a response within two weeks. The family court had directed Fairmont Hotel in Jaipur to preserve the documents relating to reservation details, payment details and ID proofs of the occupant(s) in their hotel and send the same to the court. It had also directed the mobile companies concerned to preserve and send the call detail records (CDR). The order was upheld by the Delhi HC.
Advocate Preeti Singh, appearing for the husband, submitted that family courts should not indulge in collecting evidence in family matters.
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