Impleadment of alleged paramour in a matrimonial dispute alleging adultery is necessary

Delhi High Court Upholds Impleadment in Adultery Case, Orders Disclosure of Call and Location Records. Court affirms procedural mandates and privacy safeguards in ongoing matrimonial dispute involving allegations of adultery.

In a significant judgment, the Delhi High Court has reinforced the necessity of impleading alleged paramours in matrimonial disputes involving adultery allegations. The court, comprising Justices Anil Kshetarpal and Harish Vaidyanathan Shankar, upheld the Family Court's decision to deny the deletion of the alleged paramour, identified as R-2, from divorce proceedings initiated by the wife, Ms. Tanvi Chaturvedi, against her husband.

The case stems from a petition filed by Ms. Chaturvedi seeking divorce on grounds of adultery and cruelty under the Hindu Marriage Act, 1955. The wife had alleged that her husband maintained an illicit relationship with R-2, substantiated by travel and communication records.

The High Court emphasized the statutory requirement and natural justice principles necessitating the inclusion of the alleged paramour in such proceedings. It ruled that the impleadment is essential for fair adjudication, given the serious civil consequences and stigma attached to adultery allegations.

Further, the court upheld the Family Court's order directing the production of call detail records (CDRs) and tower location data for the husband and R-2. While recognizing the right to privacy, the court deemed the disclosure proportionate and directly relevant to the pleadings, mandating confidentiality safeguards by ensuring the data is submitted in sealed cover for court and counsel access only.

The court also addressed the wife's application for document production under Order XI Rule 14 of the Civil Procedure Code. It permitted the release of specific hotel booking records and allied details, reversing the Family Court's initial rejection of these requests as "fishing and roving inquiries." The court stressed the importance of circumstantial evidence in adultery claims, allowing for the production of financial documents relevant to maintenance claims while upholding the rejection of irrelevant documents.

The judgment underscores the balancing act between procedural fairness, privacy rights, and the evidentiary needs in matrimonial disputes, setting a precedent for future cases involving similar allegations.

Bottom Line:

Impleadment of alleged paramour in a matrimonial dispute alleging adultery is necessary for fair adjudication and compliance with principles of natural justice. Production of call detail records and tower location data permissible if proportionate and directly relevant to the pleadings, subject to confidentiality safeguards.

Statutory provision(s): Hindu Marriage Act, 1955 Section 13(1)(i), Civil Procedure Code, 1908 Sections 151 and Order XI Rule 14, Family Courts Act, 1984 Section 14.

Ms. Tanvi Chaturvedi v. Ms. Smita Shrivastava, (Delhi)(DB) : Law Finder Doc Id # 2770587