An illicit relationship of a spouse cannot be proved by securing his or her private medical records, the Dharwad bench of the Karnataka HC has 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,” says Justice NS Sanjay Gowda 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.

The judge noted that the power to direct a medical practitioner to act in violation of his declaration should be exercised only for strong and compelling reasons and would more or less be exercised only when an element of public interest was involved.

Pointing out that medical records of an individual are private and 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.