Right to Privacy Vis-a-Vis Matrimonial Rights in India: An Analysis of Judicial Approach

Marriage is state of being united with a person of opposite sex as a husband or as a wife, in a consensual and contractual relationship recognized by law. In Hindu it is regarded as a sacred relationship. In Muslim it is contractual relationship. It is recognized almost in all sects that after marriage, the married couple gets some rights against each other. These rights include, right of cohabitation, maintenance, right to inherit spouse's property upon death, etc. Besides this marriage legalize the sexual relations between husband and wife and the children born after marriage are legal heirs of their parents' property. Being a person husband and wife both have some legal and Constitutional rights including right to life and personal liberty under Article 21 of Indian Constitution. Right to privacy is also recognized as fundamental right under above article, which means everyone has a right be let alone and free to make decision in relation to him. After recognition of right to privacy as fundamental right, a new debate has been started; it is about the scope of right to privacy and limit on marital rights. Many issues are raised before the courts which are related with the medical examination, phone tapping, virginity test, reproductive choices, sexual autonomy of women and marital rape. In this article the researcher would analyze the recent judicial trend on right to privacy and the effect of this right on marital status and rights of spouses against each other.