Benefit Of Acquittal Can Be Extended To Non-Appealing Co-Accused If Prosecution Case Is Found To Be Fundamentally Unreliable: Madras High Court Hindu Marriage Act | Petition For Restitution Of Conjugal Rights Serves As A Valid Defence Against Allegations Of Desertion: Kerala High Court Employee Has No Vested Right To Seek Or Retain Additional Charge; Writ Petition Not Maintainable To Challenge Its Withdrawal: Madhya Pradesh High Court Insurance Act | Insurer Cannot Waive Statutory Deadline For Premium Payment Under Bank Guarantee; No Estoppel Against Statute: NCDRC Absence Of Crime Number In Inquest Report & Discrepancy In Sec 157 CrPC Special Report Renders FIR Doubtful: Allahabad High Court MTP Act  | Termination Of Pregnancy Beyond 24 Weeks Permissible If It Involves Risk To Life Or Grave Injury To Mental Health Of The Victim: Gujarat High Court Section 174A IPC | FIR Cannot Be Quashed If Process Server Reports Indicate Failure To Serve At Ordinary Residence: Delhi High Court Issues Guidelines Insolvency Petition | Transferees Of Debtor Cannot Substitute Debtor To Rebut Allegation Of Intent To Defeat Creditors Under Section 6(b) Provincial Insolvency Act: High Court Medical Negligence | Doctor Cannot Be Held Liable For Choosing One Reasonable Course Of Treatment Over Another: Bombay High Court Cruelty | Non-Registration Of FIR Cannot Be Ground To Discredit Testimony Of Wife Seeking Divorce: Jharkhand High Court No Deception At Inception: Calcutta High Court Refuses To Revive Cheating Charges Against Borrower After One-Time Settlement Consumer Protection Act | Doctrine Of 'Caveat Emptor' Subservient To 'Caveat Venditor'; Auctioneer Liable For Sale Of Encumbered Vehicle: State Commission Section 127 CrPC | Past Compromise Not An Eternal Estoppel To Bar Wife From Seeking Enhancement In Maintenance: Orissa High Court States Can Prescribe Higher Qualifications Than UGC Norms, Additional Tests Promote Meritocracy: Punjab & Haryana High Court Writ Jurisdiction Cannot Be Invoked To Cancel Registered Sale Deed Or Adjudicate Title Disputes: Telangana High Court Principal Employer Cannot Abdicate Statutory Liability For Overtime Wages Of Contract Labour Despite Contractual Indemnity Clauses: Jammu & Kashmir High Court Preliminary Inquiry Not Mandatory For Invoking SC/ST Act Provisions If Allegations Disclose Cognizable Offence: Punjab & Haryana High Court Writ Jurisdiction Cannot Be Invoked For Re-valuation Of Structures Once Compensation Dispute Is Adjudicated Under Section 64 RFCTLARR Act: Telangana High Court Revenue Village Naming | Government Must Ensure Names Do Not Reflect Any Person, Caste, Or Religion Under Policy Guidelines: Rajasthan High Court Section 138 NI Act | Complainant Must Prove Proprietorship Of Firm To Establish Status As 'Payee' Or 'Holder In Due Course': Himachal Pradesh High Court

Husband can't get third-party call records to prove wife's affair - Karnataka High Court

07 May 2024 2:49 AM

By: Admin


The Karnataka High Court, a husband cannot use phone records or tower information from a third party who is not a party to the case to support his claim that his wife committed adultery [Vishwas Shetty v. Preethi Rao]. When striking down a lower court ruling allowing the production of the petitioner's tower details, Justice M Nagaprasanna, a single judge, stated that informational privacy is an essential component of the right to privacy.

"The order that requires the petitioner's personal information to be presented to the court in a case in which he is not even a party, unquestionably infringes informational privacy...

According to the Court, the husband's fictitious argument that he wants to demonstrate an unlawful relationship between the petitioner and the wife cannot be used as justification for violating third parties' privacy. "The order that requires the petitioner's personal information to be presented to the court in a case in which he is not even a party, unquestionably infringes informational privacy... According to the Court, the husband's fictitious argument that he wants to demonstrate an unlawful relationship between the petitioner and the wife cannot be used as justification for violating third parties' privacy.

"The order that requires the petitioner's personal information to be presented to the court in a case in which he is not even a party, unquestionably infringes informational privacy...

According to the Court, the husband's fictitious argument that he wants to demonstrate an unlawful relationship between the petitioner and the wife cannot be used as justification for violating third parties' privacy.

Wife, however, filed a petition with the High Court asking for a review of the family court's ruling. The High Court denied the application but ordered the mobile operator—the relevant authority—to be the only source of tower information. In 2019, the petitioner (lover), a third party, claimed that the court's order to submit phone logs was a violation of his right to privacy because he was not a party to the proceedings. As a result, a temporary injunction against producing tower recordings was granted. The petitioner then submitted this current plea to overturn the family court's judgement, claiming that it violated his right to privacy. On the other hand, the husband argued that the call records were very necessary to refute the accusation of cruelty made by the wife, who only sought to have the marriage annulled due to her extramarital affair with the petitioner. The husband's attorney claimed that the child was born out of wedlock and that because of his wife's unlawful relationship with the petitioner, the child's future is in danger. The Court responded to this claim by saying that if this were the husband's objective, he would not have waited four long years before submitting a petition for the restoration of conjugal rights. The bench stated that the husband did not want to submit a lawsuit for restitution of conjugal rights and instead wanted to contest the marital case that the wife had started for divorce. He does not want to submit a case for the restoration of conjugal rights and instead wants to contest the marital case that the wife has started for divorce. The Court held that the third party's information cannot be revealed because the husband's goal is to solely demonstrate what is allegedly infidelity on the side of the wife. It stated that permitting the petitioner's tower specifications without him being aware of any legal actions involving the husband and wife would be against the law. "It is cliché to say that the right to privacy is implicit in the right to life and liberty that the Indian Constitution guarantees to its citizens. The right to be "left alone" exists. The bench stated, "A person has a right to protect the privacy of his self, his family, his marriage, and other incidental relationships.

Vishwas Shetty vs Preethi Rao

Latest Legal News