Fundamental Right To Privacy Includes Spousal Privacy: Madras High Court

Privacy, Please!

Spousal privacy is a concrete element of marital relations that works on the principle of mutual respect and deep rooted trust. However, as technology and cultural norms evolve, spousal privacy faces new pressures in society. It is essential to examine such a right from both legal and ethical perspectives. Recently, the Madras High Court examined spousal privacy in the context of fundamental rights. The judgement passed by Justice G.R. Swaminathan while hearing a civil revision petition for dissolution of marriage, held that spousal privacy forms a part of the fundamental right to privacy.

Factual Background

The current case revolves around a matrimonial dispute between "B" (Husband) and "R" (Wife), who solemnized their marriage in February 2003. "B" filed a petition for dissolution of marriage in 2019 in the Sub-Court of Paramakudi on grounds of cruelty, adultery and desertion by "R". During the case proceedings, "B" testified as