Punjab [India], August 22 : The Punjab and Haryana High Court has ordered the preservation of mobile data in a matrimonial dispute, setting aside a trial court order that had earlier rejected the husband's plea.
Justice Alok Jain directed that the call detail records (CDRs) and tower location data of the complainant (wife), her parents, and two alleged mediators from Panchayat meetings be preserved separately.
The Magistrate has been tasked with verifying the accessibility of the data and ensuring it is stored with the required certificate under Section 65-B of the Evidence Act (now Section 63 of the Bharatiya Sakshya Adhiniyam, 2023).
Importantly, the Court ordered that the data remain sealed and not be disclosed to either side at this stage.
The order came on a petition filed by the husband, who faces charges under Sections 323, 406, 498-A and 506 IPC. His wife had left the matrimonial home in August 2023 and lodged a complaint almost ten months later.
He argued that the alleged Panchayat meetings cited to explain this delay never took place, and mobile records from August 2023 to July 2024 could prove it.
While the trial court had dismissed the plea as a "roving inquiry," the High Court took a more balanced view. It recognised the urgency of preservation before telecom companies deleted the data, while also safeguarding privacy by keeping the records sealed until the appropriate stage of trial.