Med records not proof of an affair: HC

 Med records not proof of an affair: HC

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Vasanth.Kumar@timesgroup.com

Bengaluru:

03.02.2022

An illicit relationship of a spouse cannot be proved by securing their private medical records, the Dharwad bench of the Karnataka high court observed in a recent judgement.

“If this approach is to be accepted, (then) it would amount to destruction of the entire concept of doctor-patient confidentiality and drag the doctor into a marital dispute,” Justice N S Sanjay Gowda said in the order, quashing the March 30, 2021 ruling of a family court in Dharwad.

The order was passed on an application submitted by the husband, seeking summoning of a doctor to produce documents relating to his wife’s alleged abortion. The wife challenged the order, contending that the medical records of a person are “absolutely private” to the person and the same cannot be sought by any person, including the husband. The husband argued he had made an allegation about the “adulterous life” his wife was leading.

After hearing both parties, Justice Sanjay Gowda allowed the petition filed by the wife. Pointing out that medical records of an individual are not for public consumption, the judge added that a direction to the medical practitioner to produce the records or divulge information he is privy to would amount to infringing upon the fundamental right of privacy guaranteed to an individual, which emanates from the ‘right to life’ granted under Article 21 of the Constitution. Referring to the case on hand,the judgepointed out that grounds on whichthedivorce is sought by the husband are that the wife had treated him with cruelty and that she had deserted him for a continuous period of not less than two years. In addition to the divorce case, a proceeding for maintenance had been initiated by the wife.

“If it is the case of the husband that his wife, by leading adulterous life, had inflicted cruelty on him, then this allegation will have to be proved with cogent evidence in a manner known to law. This allegation cannot be proved by summoning the private medical records of the wife,” the judge added.