In a significant ruling, the Chhattisgarh High Court has rejected a petition filed by a man seeking access to his wife’s call records, stating that such a demand violates her fundamental right to privacy.
What Was the Case?
The case involves a couple who got married in July 2022. According to the petitioner, his wife’s behavior “drastically changed” shortly after visiting her parental home. He also alleged that she misbehaved with his mother and brother.
When he tried to bring her back in September and October, she allegedly refused to return. Following this, the husband moved a family court seeking restitution of conjugal rights (including the right to live together, companionship, and sexual relations) under section 9 of the Hindu Marriage Act.
Wife Files Domestic Violence Case
Just a week later, the wife filed a police complaint, and soon after, she approached the court accusing her husband’s family of domestic violence.
Husband Suspects Adultery, Seeks CDR
In January 2024, the husband approached the police and the family court, demanding access to his wife’s call detail records (CDR), alleging she was having an illicit relationship with her sister’s husband. He claimed that the CDRs were necessary to prove adultery.
However, the Family Court rejected this application in June 2024, leading the husband to file the present writ petition before the High Court.
High Court’s Strong Stand on Privacy
The Chhattisgarh High Court upheld the lower court’s decision, emphasizing that there was no mention of adultery in the divorce petition filed by the husband. The court observed that these allegations were brought up only later in written arguments and were not part of the original case.
“Marriage does not grant the husband automatic access to the wife’s private information, communications and personal belongings. The husband cannot compel the wife to share her passwords of the cellphone or bank account and such an act would amount to a violation of privacy and potentially domestic violence. There should be a balance between marital privacy and the need for transparency and at the same time trust in the relationship” the court stated.
Right to Privacy is a Fundamental Right
The court stressed that privacy is a fundamental right under Article 21 and “includes at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation.”
