In the divorce case, the Dharwad Bench of karnataka High court, while answering this, said an individual's medical records are private and not for public use.court said, instructing the doctor to produce the record or disclose the information would be a violation of the fundamental right to privacy. the right to privacy emanates from the right to life guaranteed under Article 21 of the Constitution.After hearing both the sides, the court allowed the petition of the wife, and said that doctor can be asked to do any work in violation of his oath.when it's very necessary to do so, this power should be used only then, when a matter is of public interest. According to the case, the husband had filled a petition in the family court seeking to call a doctor to produce the document related to the alleged abortion of his wife.the family court accepted the husband's demand and passed order. the wife had filled a petition challenging the order of the family court. the court said that the illicit relationship of husband or wife can not be proved by showing personal medical records.Justice N.S.Sanjay Gouda, while setting aside the order of family court on 30 March 2021, said that if it is allowed, so it will destroy the whole concept of doctor keeping client information confidential. The court further said that the grounds on which the divorce is sought, that is the wife has treated the husband with cruelty, and left him for almost two years. the court said that if the husband believes that his wife has committed cruelty on him by leading an adulterous life, so the allegation has to be proved with solid evidence by legal means.this allegation can not be proved by showing the personal medical records of the wife.
