Delhi HC stays Family Court order summoning hotel booking, call details of husband
Jan 21, 2023
New Delhi [India], January 21 : The Delhi High Court has stayed an order passed by a Family Court (Trial Court), which while hearing a divorce case directed preserving hotel booking and call detail records of a husband in a petition filed by his wife.
The husband had referred a petition through Advocate Preeti Singh challenging Family Court Order, whereby it had directed preserving and summoning his Call Detail Record (CDR) details and hotel booking record as sought by his wife.
The wife had filed a divorce petition before the Family Court alleging, her husband was involved in an illegitimate relationship with another woman and he has a daughter from the said illicit relationship.
The wife also alleged before the Family Court that both had stayed in a hotel and it was argued that the hotel records and call detail records were necessary to establish her contention. The application filed by the wife was allowed by the Family Court and directions were issued to preserve the hotel and Call details record and to produce before the Court in a sealed cover.
Advocate Preeti Singh argued on behalf of the husband before Delhi High Court that preserving and summoning the hotel details and CDR as directed by the Family Court, amounts to a violation of the husband's right to privacy. Moreover, such directions would lead to serious repercussions not only qua the privacy of the adulteress but eyebrows will be raised with respect to the paternity of the minor girl child.
"It was not the job of the court to collect evidence and conduct roving inquiries in private matters. If such summoning order becomes a routine, then it would create havoc in the society," advocate Preeti Singh submitted.
Justice Rekha Palli issued notice to the Respondent-wife and stayed the operation to the extent of production of hotel records and CDR details before the Family Court. The Court, however, directed the authorities to preserve the details as directed by the Family Court.
