Karnataka HC: Wife’s Abortion Records Are Private, Cannot Be Used to Prove Adultery
The Dharwad bench of the Karnataka High Court recently ruled that private medical records, including abortion reports, cannot be used as evidence to prove adultery. The judgment emphasizes the importance of doctor-patient confidentiality and the fundamental right to privacy.
Justice NS Sanjay Gowda delivered this verdict while overturning a March 30, 2021, ruling by a Dharwad family court. He stated, “Accepting such an approach would destroy the entire concept of doctor-patient confidentiality and force medical professionals into marital disputes.”
This case arose when a husband requested the court to summon his wife’s doctor and produce her medical records to support his claims of her alleged extramarital affair. The wife contested this, asserting that medical records are highly personal and cannot be accessed without consent—even by a spouse. After hearing arguments from both sides, Justice Gowda upheld the wife’s petition, dismissing the husband’s plea.
The judgment also noted that a doctor could only be directed to disclose medical information under exceptional circumstances involving strong public interest. The court stressed that an individual’s medical records are protected under the fundamental right to privacy, derived from the right to life under Article 21 of the Indian Constitution.
Justice Gowda concluded that forcing a medical practitioner to disclose confidential information would infringe on the individual’s privacy rights, further reiterating the sanctity of doctor-patient confidentiality.
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