Seeking mobile info of wife's lover violates privacy, says high court


Bengaluru, Dec 15(IANS): 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.

 

 

 

 

  

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Comment on this article

  • Cynthia, Dk

    Thu, Dec 15 2022

    I request high court/Supreme court to upheld the law and to give justice to either husband or wife and furnish the mobile information of their lovers having illicit affairs when asked for it... Otherwise how to proove that husband or wife is committing adultery outside the marriage? Intimacy/privacy should be maintained inside the marriage and not with the paramours.

    DisAgree [1] Agree [8] Reply Report Abuse

  • Cynthia, Dk

    Thu, Dec 15 2022

    Dear high court WHAT ABOUT AND HOW YOU DEAL IN THE CASE OF Seeking mobile info of HISBAND'S 3/4 loverS violates privacy ??????

    DisAgree [1] Agree [9] Reply Report Abuse

  • RSRB, Al-Khor, Qatar

    Thu, Dec 15 2022

    If the privacy law is so strong, none of the crimes can be unearthed. Family itself is a private matter, but there are hundreds of laws as if it is not private.

    DisAgree [2] Agree [10] Reply Report Abuse

  • Monty Dotor, Mangalore

    Thu, Dec 15 2022

    What about "seeking mobile info" about husband's lover(s)....

    DisAgree [1] Agree [9] Reply Report Abuse

  • Rudolf Rodrigues, Mumbai

    Thu, Dec 15 2022

    That, the affected party may please appeal in a higher court if he has the resources...hehe!!

    DisAgree [1] Agree [2] Reply Report Abuse

  • Cynthia, Dk

    Thu, Dec 15 2022

    He he....😬😬..🙄🙄

    DisAgree Agree [3] Reply Report Abuse

  • CA Girishkk, Valencia/M'lore

    Thu, Dec 15 2022

    While respecting the honourable courts judgement, one point which is coming to one's mind is that - probably the tracking of early jihadi penitration call detection become more and more difficult.... let's wait for self proclaimed para organisation response....

    DisAgree [8] Agree [3] Reply Report Abuse


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Title: Seeking mobile info of wife's lover violates privacy, says high court



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