The Supreme Court has affirmed the Delhi High Court’s decision that a wife may request the court’s help to obtain evidence, including her husband’s call detail records (CDRs) and hotel booking information, in order to support her allegation of adultery against him.
Justice Manmohan and Justice K. Vinod Chandran rejected the husband’s appeal, refusing to disturb the consistent findings of the Family Court and the High Court concerning the submission of hotel records and call detail records for the Family Court’s consideration.
The High Court ruled that the right to privacy is not absolute and must be weighed against a spouse’s right to substantiate claims in matrimonial proceedings.
Because the wife lacked any other effective way to prove her allegation of adultery, the court affirmed the Family Court’s order to call for the husband’s hotel records and call detail records in a sealed cover, thereby safeguarding confidentiality while allowing the case to be properly adjudicated.
