The Karnataka High Court’s Dharwad bench has ruled that private medical records, such as abortion reports, cannot be used to prove adultery in a marital dispute. The court emphasized the importance of doctor-patient confidentiality, stating that revealing such records would violate privacy rights.
Justice NS Sanjay Gowda overturned a family court ruling from March 30, 2021, that allowed a husband to summon a doctor to produce documents related to his wife’s alleged abortion. The wife challenged this decision, asserting that medical records are “absolutely private” and cannot be accessed by anyone, including her spouse.
The husband argued that his wife was leading an adulterous life, and the medical documents were crucial to proving his claim. However, the High Court ruled in favor of the wife, upholding her right to privacy. Justice Gowda stressed that breaching doctor-patient confidentiality should only be allowed in exceptional cases where public interest is involved.
The judge pointed out that medical records are personal and cannot be disclosed without strong and compelling reasons. He further noted that demanding such records would violate an individual’s fundamental right to privacy, protected under Article 21 of the Indian Constitution, which guarantees the right to life.
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