Law & Judiciary

    Searching wife's lover's mobile info violates privacy: Karnataka HC

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    The Hawk
    December15/ 2022
    Last Updated:

    Bengaluru (The Hawk): In a landmark judgement, the Karnataka High Court ruled that it is improper to obtain the mobile information of a purported boyfriend in order to demonstrate a wife's affair.

    In a recent decision, a bench presided over by Justice M. Nagaprasanna found that the petition submitted by the woman's claimed lover was granted, which violated the privacy of third parties.

    The Fifth Additional Principal Judge of the Bengaluru Family Court's order requiring a mobile service provider to submit information about cell towers was also revoked by the court.

    The bench upheld Article 21 of the Indian Constitution and declared that every citizen has the right to protect their personal information as well as the privacy of their families, intimate relationships, and marriage.

    The bench concluded that the lower court's ruling requiring cell firms to divulge information infringes informational privacy, which is a component of the right to privacy.

    Due to her husband's cruelty, the 37-year-old woman requested an annulment of her marriage from the family court in 2018. Her spouse had submitted a request for information about mobile towers after alleging that she had an extramarital affair.

    The husband's attorney argued before the top court that the couple had a child to support and that the husband wanted his wife back. Additionally, it was stated that the future of the child was impacted by his wife's relationship.

    According to the court, the husband didn't ask for the restoration of conjugal rights until four years had passed. The goal is merely to demonstrate the wife's illegitimate relationship, and the court concluded that tower specifics cannot be revealed for the same reason.

    (Inputs from Agencies)