Family Court, Patiala House
Family Court, Patiala House

Are Family Courts empowered to receive evidence that is collected in breach of privacy of a party? Delhi HC answers

In a contest between the right to privacy and the right to fair trial, the right to privacy may have to yield to the right to fair trial, the Court has stated.

The Delhi High Court has held that even if the evidence is collected in breach of privacy of a party, Section 14 of the Family Court Act empowers the Family Court to receive the same for the purpose of a case before it. (Deepti Kapur vs Kunal Julka)

"In a contest between the right to privacy and the right to fair trial, both of which arise under the expansive Article 21, the right to privacy may have to yield to the right to fair trial.", the Court stated.

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