Supreme Court To Consider Whether Privacy Of Spouse Can Be Breached To Prove Adultery Allegations

The Supreme Court is set to consider whether a partner’s right to privacy can be breached for proving adultery allegations.

A bench comprising of Justices Krishna Murari and Sanjay Kumar has issued notice in a special leave petition filed by an applicant challenging a Delhi High Court decision which had upheld the directions of a family court.

The family court had allowed the plea of the applicant's wife, who alleged adultery, for obtaining call details and details regarding a hotel stay and IDs of the occupants in the room.

The wife had alleged that the petitioner is having an adulterous relationship with his friend.

The petitioner raised the issue as to whether the privacy of a spouse can be breached in case of allegation of adultery in divorce proceedings. The petitioner relies on the Justice KS Puttaswamy v. Union of India verdict wherein right to privacy was protected as a Fundamental Right under Article 21 of the Constitution.

The petitioner has argued that the decision of the family court turns the clock behind by setting a regressive and draconian precedent.

He argued that the matter is civil in nature, and that the wrong was a private matter, however, the order of the family court is not only questioning his reputation but also raising questions over the character of his friend.

In the KS Puttaswamy verdict, Justice Indu Malhotra had observed that adultery is a moral wrong between a person and his/her spouse and that the state should follow the minimalist approach, keeping in mind the autonomy of individuals to make their personal choices.