For the husband to establish the wife’s extramarital relationship, call records from a third party cannot be obtained: Karnataka High Court

According to a recent ruling by the Karnataka High Court, a husband cannot use phone records or tower information from a third party who is not a party to the case to support his claim that his wife committed adultery [Vishwas Shetty v. Preethi Rao].

When striking down a lower court ruling allowing the production of the petitioner’s tower details, Justice M Nagaprasanna, a single judge, stated that informational privacy is an essential component of the right to privacy.

According to the circumstances of the case, the Additional Principal Judge in Bangalore permitted the inclusion of mobile tower records containing the petitioner’s (third party) mobile information in a divorce dispute involving a husband and wife.

This news is written by Ms. Amrita Singh, Research Assistant, All India Legal Forum.

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