Privacy concerns must be balanced with the necessity of relevant evidence in matrimonial disputes, particularly in cases of alleged adultery.

ORDER :

1. Aggrieved by the Order passed on IA No.6 in M.C. No.6606/2025 dated 31.10.2025 by the IV Additional Principal Judge, Family Court, Bengaluru, the third party is before this Court.6

2. Respondent No.1 has filed M.C.No.6606/2025 seeking divorce against respondent No.2, the husband, on the ground of cruelty. It is alleged by respondent No.1 that respondent No.2 is living in an adulterous relationship with the respondent No.3 herein.

3. Learned counsel appearing for the petitioner submits that the petitioner, who is the third party before this Court, is only a friend of the respondents.

4. It is submitted that respondent No.1, who is the petitioner in M.C. No.6606/2025, has filed I.A. No.6 seeking the following reliefs:

5. On considering the said application filed by the wife, the Court passed the order. The operative portion of the order, as contained in paragraph No.17, which reads as under:

“17. Point No.2: In result, I pass the following:

ORDER

IA.No.6 filed by the petitioner under Order XVI Rule 6 read with Section 151 of C.P.C. is hereby allowed.

Accordingly, the General Manager/Front Office Manager, JW Marriot Bengaluru, Prestige Golfshire Resort & Spa, Nandi Hills Road Karahalli Post, Kundana Hobli, Devanahalli Taluk, Bengaluru-562 162 is directed to preserve and produce the below mentioned documents:

1) Accommodation details of Chaitanya V. Cotha and UrmilaAnand for the period from 03.10.2025 to 05.10.2025.

2) Details of the person who booked the room or rooms for the respondent Nos. & 2 and date of booking said rooms with Contact details

3) Guest Registration Forms, visitor entry logs and copies of identification proofs submitted at the time of check-in, during such stay, pertaining to respondent Nos.1 & 2.

4) CCTV footage for the period from 03.10.2025 to 05.10.2025 covering the common areas of the premises, including but not limited to the corridors, lobbies and other areas in the vicinity of the room allotted to the respondent Nos. 1 & 2 during their stay.

Issue witness summons to the General Manager/Front Office Manager, JW Marriot Bengaluru Prestige Golfshire Resort & Spa, Nandi Hills Road Karahalli Post, Kundana - Hobli, Bengaluru-562 162, to preserve and produce the documents mentioned in this order on 03.12.2025, through court post and mail, if complied.

Devanahalli Taluk, Returnable by 03.12.2025.”

6. Learned counsel appearing for the petitioner submits that the petitioner is a third party and on the relevant day, along with respondent Nos.2 and 3, about 25 other persons had gone to the resort. It is contended that by filing the present application, respondent No.1 is seeking details of all other persons who visited the resort, which is irrelevant for consideration of the matrimonial dispute between respondent Nos.1 and 2. It is further submitted that the impugned order amounts to violation of the petitioner’s right to privacy. In support of his contention, reliance is placed on the judgment of the Delhi High Court in Sachin Arora v. Manju Arora , (2023) SCC OnLine Del 2692.

7. He has further relied upon the judgment of this Court in Vishwas Setty vs. Preethi K. Rao , (2022) SCC OnLine Kar 1597, wherein a Co- ordinate Bench of this Court has relied up on paragraphs 10, 11, 12, and 13, which read as under:

“10. The issue would now be whether the order would violate the right to privacy of the petitioner. As stated earlier, the petitioner is not a party to the proceedings. The allegation of the husband is that the wife has illicit relationship with the petitioner. The petition for divorce is not filed by the husband. It is the wife who initi