Guidelines for Delhi Family Courts to maintain privacy of parties to proceedings #Indianlaws

Delhi High Court has given directions to the Family Courts to be cautious while dealing with privacy of parties to proceedings. It ruled that leave is to be sought from the Family Court before disclosing details of a personal nature concerning a party or a person or their conduct, which is likely to affect the right to privacy, or cause embarrassment.

Delhi High Court taking serious note of growing trend among parties and their lawyers to readily disclose in the petitions by way of pleadings and documents in cases of matrimonial and custody disputes, the most private and personal details of their clients and of the opposite parties, without a thought for the privacy implications, or even embarrassment potential, that it has.

Even no attempt is made to first seek the leave of the Court to tender the documents, be it in the form of private letters, notings, photographs, electronic evidence including video clips, text messages, chat details, emails, CCTV footage etc. the contents of which are of a private and personal nature.

The Court, as held, has to consider if such documents are relevant to the case and how they should be presented, preserved and provided to the parties.

Accordingly, following directions were issued to the Family Courts in Delhi, the parties and the lawyers, to be followed in the cases pending and henceforth:

  1. Where a party in a case seeks to rely upon a document which in his or her assessment or the assessment of the party’s lawyer is of a sensitive nature, viz., which contains details of a personal or private nature concerning a party or a person or their conduct, which when disclosed is likely to affect the right to privacy, or cause embarrassment, then such party and/or the lawyer of such party will first apply to the Court seeking leave to produce such document 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. 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.
  2. Where upon a party applying under (i) above, or where any other party, or the Family Court on its own, comes across a document on record in the case which is prima facie of a sensitive nature, viz., which contains details of a personal or private nature concerning a party or a person or their conduct, which when disclosed is likely to affect the right to privacy, or cause embarrassment, the Family Court will pass appropriate orders concerning the said document including providing copies thereof to the parties, preserving the originals or copies as the case may be in a sealed cover, de-sealing for being produced during Court proceedings and re-sealing after the purpose for which they are directed to be produced is over.
  3. The Family Court will also bind down by specific directions, the parties and their respective lawyers, and the Court staff regarding the making of copies, use, preservation and dissemination of such document with a view to maintaining its confidentiality. The Family Court can also pass necessary directions to specify the conditions upon which access would be permitted to such document by third parties.
  4. The Family Court will endeavour to decide on the issues at (i) (ii) and (iii) above, without unnecessary delay, in accordance with law. The above directions are in the nature of broad guidelines and can be suitably modified and adapted/applied to a given situation by the Family Court. The Family Court will, however, at all times keep in view the requirements of protecting the rights to privacy and dignity of the parties and persons.
  5. The Family Court should as far as possible and practicable invoke the power under Section 11 of the Family Courts Act 1984 and hold the proceedings in camera. Where the circumstances so warrant, the Family Court may in the orders uploaded on the website or made available otherwise, suitably anonymize the names of the parties.

It was further clarified that unless there is a specific order of the Family Court, or where the party thinks it to be absolutely essential, or where suitable alternative arrangements are unable to be made, parties should avoid bringing children to the Family Court on a routine basis. Lawyers should also advise their clients in this regard since repeated visits to Courts to witness the legal contests between and among parents and relatives is not desirable or conducive for the healthy development of children.

[X vs. Z]

(Delhi HC, 11.06.2015)

MAT.APP. (F.C) 78/2015