The Delhi High Court has delivered a significant ruling in a high-profile divorce case involving allegations of adultery and cruelty. In its Judgment dated 29 August 2025, a Division Bench of Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar upheld the Family Court's directions allowing the wife to access call detail records (CDRs), tower location data, and hotel booking documents to support her claims against her husband.
Background of the Case
The marriage between Smita Shrivastava and Sumit Verma was solemnised in 2002, and the couple has two children. Following serious marital discord, the wife filed for divorce in 2023 alleging adultery and cruelty under the Hindu Marriage Act. She named another woman as co-respondent, claiming that her husband had an illicit relationship with her, supported by evidence of joint travel and hotel stays.
Read also:- Supreme Court Acquits Woman in Dowry Harassment Case, Sets Aside Conviction
The Family Court had earlier permitted disclosure of CDRs and certain financial records while partly rejecting other requests. Multiple appeals were filed by the husband, wife, and the alleged paramour, leading to the consolidated hearing before the High Court.
On the paramour’s plea to be removed from the case, the Bench ruled that her presence was necessary.
“Allegations of adultery entail serious stigma. A finding cannot be recorded without giving the alleged participant an opportunity to defend,” the judges observed, adding that impleadment is a requirement of natural justice.
Read also:- Delhi High Court Orders Release of Family Pension to Widow from Husband’s Death Date
Privacy vs. Fair Trial
The paramour also argued that disclosure of her tower location data would violate her fundamental right to privacy. The Court, however, struck a balance by limiting disclosure to the period specifically pleaded and directing that records be submitted in sealed cover.
Citing earlier rulings, the Bench held,
"Adultery is rarely proved by direct evidence; circumstantial material such as communication patterns and hotel stays become crucial."
Read also:- Rajasthan High Court Stays Installation of Dairy Booth in Bapu Nagar, Jaipur
The wife had sought several categories of documents including WhatsApp chats and FASTag records. The Court disallowed requests it termed speculative, but directed the husband to produce hotel booking records, CDRs, and relevant financial details such as credit card statements and investment documents.
These were found to be directly linked to the allegations and to determination of alimony.
Case Title: Smita Shrivastava v. Sumit Verma & Anr.
Case no.: MAT.APP.(F.C.) 251/2025
