Delhi HC rejects husband’s claim to right to privacy in divorce proceedings

The family court had opined that the documents being sought by the wife were necessary to prove the charges of adultery and cruelty levelled against her by the husband.

Delhi High Court

The Delhi High Court on Wednesday said that a wife can seek assistance of the court to collect evidence such as call detail records (CDRs) and hotel booking details of her husband to substantiate her charge of adultery levelled against him.

Justice Rekha Palli made the remarks while rejecting the plea of a man who had challenged an order of a family court here summoning details of hotel reservation and CDRs of his two mobile numbers in connection with a divorce case filed by his wife.

The family court had opined that the documents being sought by the wife were necessary to prove the charges of adultery and cruelty levelled against her by the husband.

The husband’s counsel contended that the family court has proceeded to pass the December 2022 order solely on the basis of bald allegations of adultery and cruelty levelled by the wife without appreciating the fact that no material was brought on record by her to establish adultery on the husband’s part.

The counsel argued that merely because the husband was found sitting with his woman friend in the common areas of the hotel, could not in any manner be construed as adultery by him.

The marriage between the parties having been solemnised in 1998 according to the Hindu rites and rituals, they were later blessed with a daughter. Even while both the parties continued to reside in the same shared household, disputes arose between them.

In May last year, the wife served a legal notice upon the husband in which she besides alleging cruelty and domestic violence on the part of the husband, stated that he had indulged in adulterous acts with a woman outside their marriage. She later filed a petition seeking divorce on the ground of adultery and cruelty.

It was the wife’s specific case that, the husband between April 29, 2022 to May 1, 2022 was staying with a woman along with her daughter in the same room at a hotel in Jaipur.

To substantiate her allegations, the wife approached the hotel with a request to provide booking details of room where she claimed the husband was residing with the woman whose particulars are not known to her.

Upon the request being denied by the hotel authorities, she moved an application before the family court which then called for the records in a sealed cover.

The High Court noted that it has no hesitation in holding that the wife’s right “must prevail and therefore, find no reason to interfere with the impugned (family court) orders”.

“The family court by way of the orders has sought records which pertain only to the respondent’s husband and not to his friend or her daughter. There is, therefore, no question of their right of privacy being violated in any manner,” the high court said.

Justice Palli further noted that the wife has “sought only specific information regarding the details of the room where her husband was staying during a specific period as also his call records alone”.