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2023 Supreme(Del) 1461

REKHA PALLI
Sachin Arora – Appellant
Versus
Manju Arora – Respondent


Advocates appeared:
Ms. Preeti Singh, Mr Sunklan Porwal, Ms. Saumya Dwivedi, Ks. Kmkum Mandhanya and Mr Rishabh Munjal, Advocates, for the Petitioner.
Mr.Prabhjit Jauhar with Ms.Rosemary Raju, Ms.Ajunee Singh, Mr.Ranveer Talwar, Advocates, for the Respondent.

Table of Content
1. privacy rights versus evidentiary needs (Para 1 , 2 , 4 , 5 , 6)
2. determining legality of evidence in family courts (Para 3 , 8 , 10 , 19 , 22)
3. refuting allegations of adultery (Para 7 , 11 , 13 , 14 , 15 , 16)
4. public interest in marital fidelity (Para 18 , 20 , 21 , 31)
5. balancing privacy with fair trial rights (Para 30 , 37 , 41)
6. dismissal of the petition (Para 44)

JUDGMENT

Rekha Palli, J.

JUDGMENT

1. The right of privacy claimed by the husband vis-a-vis the prayer of the wife to seek assistance of the Court for production of records to substantiate her charge of adultery levelled against the husband in her petition seeking divorce is the question before this Court.

2. The present petition under Article 226 of the Constitution of India, preferred by the husband, who is the respondent in HMA No. 1724/2022, instituted by the wife, seeks to assail the orders dated 04.07.2022 and 14.12.2022 passed by the learned Family Court. Vide its order dated 04.07.2022, the learned Family Court allowed the application preferred by the respondent seeking preservation of the CCTV footage of Hotel Fairmont, Jaipur for the period between 29.04.2022 to 01.05.2022. However, a

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