Delhi Court Upholds Privacy in Alleged Adultery Case Involving Army Officers; Denies Request for Hotel CCTV Footage
In a ruling reinforcing the right to privacy within the context of an alleged extramarital affair between two serving Army officers, a civil court in Delhi has declined to direct the production of CCTV footage and booking records from a hotel. The application had been moved by a serving Major in the Indian Army, who alleged that his wife was involved in a relationship with another officer of equal rank.
Civil Judge Vaibhav Pratap Singh, presiding over the matter, held that the request amounted to an infringement of the fundamental right to privacy. The court observed that the rights of individuals, even in common areas of a private establishment such as a hotel, extend against third parties who have neither a legal stake nor a direct presence in the concerned premises.
In his order, Judge Singh emphasised that the right to privacy encompasses not only private interactions but also the protection of personal data and hotel booking information. He underlined that such data cannot be disclosed to an unrelated party, and to do so without affording the individuals concerned an opportunity to be heard would violate principles of natural justice.
The Judge noted that the two officers central to the allegations had not been made parties to the proceedings, thereby raising serious procedural and legal questions regarding the maintainability of the request. He further clarified that a hotel cannot be compelled to part with private information unless the individuals whose data is sought are joined to the proceedings and provided an opportunity to contest the disclosure.
In strong terms, the court reaffirmed that judicial forums are not to be used as investigative instruments in private disputes. Judge Singh reminded the petitioner that the appropriate course of action lay within the military justice system. He stated that remedies, if any, must be sought under the Army Act, 1950, and relevant service rules, and that the civil court cannot serve as an alternative mechanism to gather evidence for internal inquiries.
In a reflective portion of the judgment, the court invoked literary and judicial references to underline the evolving understanding of fidelity and agency. Citing&nbsp;The End of the Affair&nbsp;by Graham Greene, the Judge remarked that the responsibility for upholding the marital vow lies with the person who undertakes it&mdash;not the outsider. The court observed that the so-called third party was never bound by the marriage contract and, therefore, cannot be accused of betrayal.
The ruling also referred to the landmark 2018 judgment of the Supreme Court in&nbsp;Joseph Shine v. Union of India, which decriminalised adultery and held that a woman&rsquo;s autonomy cannot be treated as property that can be &ldquo;stolen&rdquo;. The civil court aligned itself with this modern view, rejecting what it termed as an outdated notion of possessiveness in relationships that diminishes women's agency and treats them as passive subjects.
In concluding, the court took judicial notice of the Parliament&rsquo;s repeal of the colonial-era adultery provision during the enactment of the Bharatiya Nyaya Sanhita, viewing it as a step towards discarding patriarchal and gender-discriminatory constructs in law. The order thus reflected both constitutional fidelity and a progressive interpretation of individual rights in private relationships.
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Court refuses hotel CCTV access, citing privacy in case of Army officers' alleged affair

Delhi Court Shields Privacy in Army Affair Dispute

Court refuses hotel CCTV access, citing privacy in case of Army officers' alleged affair

May 24, 2025 | 21:32 IST