Delhi High Court stated that the wife can produce evidence to prove adultery under Section 14 of, Family Courts Act. This evidence as such is not considered under Indian Evidence Act.
The husband had approached High Court against 2 family court orders. The orders had directed the preservation of a hotel’s CCTV footage and to summon the hotel room’s records. She alleged that her husband was involved in adulterous acts there.
The wife had filed a divorce petition against her husband on the grounds of adultery and cruelty. She also alleged that the husband has an illegitimate child born out of adultery. She had requested that if the court will not consider her request, she can’t prove her allegations.
The husband had submitted that the family court can’t make an enquiry that is not related to the case. He has also pleaded that the information sought by the wife will breach his right to privacy as well as that of his friend and her child.
Court relied on the contentions of the wife as she had placed certain close photographs of the husband and the other lady and room details and the dates when the husband was staying with the other woman.
The court observed that the wife has no direct evidence to prove the adulterous acts of the husband. Resorting to Section 14, Family Courts Act, the wife only wants to prove adultery, which in any case can be proved circumstantially only. The information that the wife is seeking is relevant to prove adultery on the part of the husband.
The court has rejected the contention of the husband that his right to privacy will be hampered. It highlighted that the right to privacy is not absolute.
Court favoured the wife as the law granted certain specific rights to her under the Hindu Marriage Act and the Family Court Act.
Court also stated that the Family Court’s order is only related to accepting the records. It does not deal with their relevancy to prove adultery.
The court further said that Family Court’s order is only asked to produce the records and does not deal with whether the record would prove adultery. And it only involves the husband and not his friend or her daughter.
Source: https://www.livelaw.in/high-court/delhi-high-court/delhi-high-court-wife-adultery-husband-family-court-228414
