Concerned over a "growing trend" among litigants and their lawyers of readily disclosing most personal and private details of each other in matrimonial and custody disputes, the Delhi High Court has issued a slew of directions to be followed by family courts in such matters.
A bench of justices S Muralidhar and I S Mehta has directed family courts that when litigants seek to rely upon a document of sensitive nature, which may affect someone's right to privacy or embarrass them, then they or their lawyers should first ask for court's permission to produce it in a sealed cover.
"Till such time that leave is granted, the contents of the said document shall not be extracted in the pleadings or a copy of the whole or part thereof enclosed with the petition.
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"For this purpose, a document would include any writing, private letters, notings, photographs, and documents in electronic form including video clips, text messages, chat details, emails, printed copies thereof, CCTV footage etc." the court said.
The high court has also directed that "as far as possible and practicable", the family court should hold 'in-camera' proceedings in such matters.
The bench has also directed litigants to avoid bringing children to the family court on a routine basis unless it has been specifically ordered, as "repeated visits to witness the legal contests between and among parents and relatives is not desirable or conducive for healthy development of children".
The high court issued the directions after it found that a personal diary of a child, whose parents were fighting over his custody, was filed with the petition.
Frowning upon the conduct, the bench said a petition along with accompanying documents passes through several hands, including clerks and court staff, before it is filed, and thus, confidentiality of its contents is not ensured.
"All these factors underscore the need to respect the right to privacy of the author, and where it is a child, the best interests of the child," it said.
