India Supreme Court Calls for Regulation of Private Investigators After Adultery Evidence Case

The Supreme Court of India, hearing a matrimonial maintenance dispute, noted that a husband presented 92 videos and 237 photographs obtained from a private investigator to prove his wife's adultery. The court described the use of private investigators as an "area sans regulation" and raised concerns about privacy breaches, lack of proper authorisation, and the absence of a legal framework governing such investigators. It directed that a copy of the judgment be sent to the Ministry of Law and Justice and the Chairman of the Law Commission of India for consideration of appropriate regulations, citing examples from Queensland, Ontario, the Netherlands and Singapore.

The court also clarified the scope of Section 125(4) of the Criminal Procedure Code, stating that a husband must prove his wife's adultery "ex‑facie" at the outset to bar both interim and final maintenance. The judgment emphasised the need for clear evidentiary standards and procedural safeguards in maintenance proceedings.