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Karnataka HC: Wife’s Abortion Records Private, Cannot Be Used as Adultery Proof

In a recent ruling, the Karnataka High Court’s Dharwad bench declared that a spouse’s private medical records, including abortion reports, cannot be used to prove adultery. The court emphasized the importance of doctor-patient confidentiality, protecting individuals’ privacy in marital disputes.

Justice NS Sanjay Gowda delivered this judgment while overturning a family court order from March 30, 2021. The case involved a husband who sought to summon a doctor to produce documents related to his wife’s alleged abortion. The wife contested the ruling, arguing that her medical records are private and cannot be accessed, even by her husband.

The husband, on the other hand, claimed that his wife was involved in an adulterous relationship and that the medical records were essential to support his accusations. However, the High Court sided with the wife, stating that her right to privacy must be upheld. Justice Gowda noted that breaching doctor-patient confidentiality could only be justified in cases of strong public interest, which was not the case here.

The court reiterated that an individual’s medical records are private and cannot be disclosed for personal disputes. Forcing a doctor to release such records would violate the right to privacy, which is part of the right to life protected by Article 21 of the Indian Constitution.

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