Bengaluru: In a major decision, the Karnataka High Court has held that seeking mobile information of an alleged lover to prove a wife’s affair violates privacy.
In a recent judgment, a bench headed by Justice M. Nagaprasanna ruled that the violation of third party privacy cannot be allowed as it allowed the petition filed by the alleged lover of the woman.
The court had also quashed the order of Fifth Additional Principal Judge, Family Court in Bengaluru, to a mobile service provider to provide mobile tower details.
Upholding the Article 21 of the Indian Constitution the bench stated a citizen has right to safeguard his privacy, privacy of the family, marriage and other incidental relationships.
Right to privacy comprises informational privacy and the order of the lower court directing mobile companies to provide details violates informational privacy, the bench opined.
The 37-year-old woman had sought relief from the family court in 2018 in the form of annulment of her marriage due to cruelty of her husband. Her husband had accused her of having an illicit relationship and filed an application seeking mobile tower details.
Counsel for the husband argued in the High Court that he wants his wife back and they had a child to take care of. It was also argued that the relationship of his wife affected the child’s future.
The court opined that the husband had only approached the court after four years for restitution of conjugal rights. The intention is only to prove the illicit relationship of the wife and tower details can’t be provided for the same reason, it ruled.
