Man can't demand access to wife's call detail records: Chhattisgarh HC
RAIPUR: A husband cannot demand access to his spouse's personal information or communication as that would amount to infringement of privacy, Chhattisgarh high court has ruled, dismissing a man's plea seeking the call detail records (CDR) of his wife.
Asserting that privacy is a constitutionally protected right under Article 21 that marriage cannot override, the court said forcing the wife to share her phone call or bank account details could even attract domestic violence charges.
'Marriage does not grant the husband automatic access to the wife's private information, communications and personal belongings. The husband cannot compel his wife to share her passwords for 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,' Justice Rakesh Mohan Pandey said, upholding a Durg family court's order.
The first additional principal judge of family court had in June last year rejected his application for his wife's CDR.
He argued his wife frequently spoke to her brother-in-law for long periods, suggesting a possible illicit relationship.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
News18
an hour ago
- News18
Consenting adults have right to choose partners: Delhi HC
Agency: PTI Last Updated: New Delhi, Aug 14 (PTI) The Delhi High Court has called the right of two consenting adults to choose each other as life partners and live together 'a facet of their personal liberty and privacy" being immune to the family's disapproval. 'The Supreme court has repeatedly affirmed this position and directed the police to safeguard such couples from intimidation or harm," Justice Sanjeev Narula said on August 5. The court, as a result, directed the police to provide protection to a young couple, who married against the wishes of their families and were now being threatened. 'The right of two consenting adults to choose each other as life partners and to live together in peace is a facet of their personal liberty, privacy, and dignity protected under Article 21. Family disapproval cannot curtail that autonomy," the order highlighted. The couple sought the court's intervention to ensure their safety in living together, claiming threats, coercion and interference being extended by the family members. The court was urged to direct the woman's family not to harm them or interfere in their peaceful cohabitation. The plea said the woman's family was against their relationship and allegedly issued repeated threats of physical harm. It said due to the hostility and fearing for her safety, the woman left her parental home on July 18 after informing her mother about her intention to marry the man. The couple married in a temple on July 23 on their own free will and has been living together happily, it added. The high court then directed the station house office of the police station concerned to designate an official and sensitise him or her of the court order and provide immediate assistance to the couple in case of any complaint or threat. 'The directions issued herein, particularly those concerning police protection, are purely preventive in nature, aimed at ensuring the petitioners' safety and safeguarding their right to life and liberty. They shall not be construed as an expression of opinion on the truthfulness of the petitioners' claims, nor as any endorsement," it said. PTI SKV SKV AMK AMK view comments First Published: Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
Hindustan Times
2 hours ago
- Hindustan Times
Adults have right to marry without family interference, says Delhi high court
The Delhi High Court has reaffirmed that the personal liberty of two consenting adults to marry and live together peacefully is protected under Article 21 of the Indian Constitution. In a recent ruling, the court emphasised that family opposition cannot override this autonomy. The Delhi high court ordered police protection for a young couple who feared harassment from the woman's family.(File Photo/PTI) Justice Sanjeev Narula stated that the Supreme Court has consistently upheld this principle, directing law enforcement to protect couples from threats or coercion. In this case, the court ordered police protection for a young couple who feared harassment from the woman's family. The couple had solemnised their marriage on July 23, 2025, following Hindu rituals at an Arya Samaj trust in Delhi. They approached the court after the woman's parents allegedly tried to pressure her, despite her voluntary departure from her family home and her clear affirmation of the marriage during a police inquiry. That inquiry, initiated after a "missing" complaint, was later closed. To ensure their safety, the court instructed the local Station House Officer (SHO) to assign a beat officer, brief them on the court's directives, and provide the couple with emergency contact numbers. Any reported threats must be documented and addressed without delay. Justice Narula clarified that the court was not ruling on the veracity of the allegations but was solely focused on protecting the couple's fundamental rights to life, liberty, and dignity.
India.com
3 hours ago
- India.com
Delhi High Court: Adults Have Right To Marry Without Family Interference
New Delhi: The Delhi High Court has reaffirmed that the personal liberty of two consenting adults to marry and live together peacefully is protected under Article 21 of the Indian Constitution. In a recent ruling, the court emphasised that family opposition cannot override this autonomy. Justice Sanjeev Narula stated that the Supreme Court has consistently upheld this principle, directing law enforcement to protect couples from threats or coercion. In this case, the court ordered police protection for a young couple who feared harassment from the woman's family. The couple had solemnised their marriage on July 23, 2025, following Hindu rituals at an Arya Samaj trust in Delhi. They approached the court after the woman's parents allegedly tried to pressure her, despite her voluntary departure from her family home and her clear affirmation of the marriage during a police inquiry. That inquiry, initiated after a "missing" complaint, was later closed. To ensure their safety, the court instructed the local Station House Officer (SHO) to assign a beat officer, brief them on the court's directives, and provide the couple with emergency contact numbers. Any reported threats must be documented and addressed without delay. Justice Narula clarified that the court was not ruling on the veracity of the allegations but was solely focused on protecting the couple's fundamental rights to life, liberty, and dignity.
