Summoning call logs in invasion of privacy and falls in private domain ?
Querist :
Anonymous
(Querist) 16 June 2011
This query is : Resolved
Dear Sir,
I am fighting a divorce case against adulterous female and filed 91 application in family court asking for call logs of estranged wife and paramour, it has come to arguments, now the judge says " summoning call logs is not possible" as it that is private, and that amounts to invasion of privacy.
My question is,
1)is that summoning call logs is invasion of privacy in a family matter?
2)is that summoning call logs is private thing ? it falls under private domain?
Please share with me any judgements that are there on summoning call logs in family matters.
Thanks in Advance.
Ajay Bansal
(Expert) 16 June 2011
The rule of privacy can not be applicable in court for bringing relevant evidence except to the extent that invacy of privacy could not be expssed before persons other then contested parties and staff of court.So ask the Judge to pass orders on your applications. If orders are passed against you, then challange them in High Court.
Kiran Kumar
(Expert) 16 June 2011
it is certainly not invasion into privacy, in fact it is a matter of evidence and the evidence so brought before the court is likely to prove your case.
let the judge any such illegal order, you can certainly impugne the same before HC.
prabhakar singh
(Expert) 16 June 2011
BOTH Mr.Ajay Bansal AND Mr. Kiran Kumar,HAVE EXPRESSED CORRECT LEGAL POSITION IN YOUR MATTER.I DO AGREE WITH THEM.
PALNITKAR V.V.
(Expert) 16 June 2011
Question of privacy is not at all involved in this case.The fact that the wife is opposing the application itself speaks of volumes. Mr. Bansal and Mr. Kiran Kumar are absolutely right. By the way, does anyone have any ruling on the point.
Querist :
Anonymous
(Querist) 30 June 2011
Dear Sir,
Is there any judgement, is available on the matter, summoning call logs from HC or SC?
Please share .
Thank u very much for your help.
