Supreme court today issued a notice in a SLP challenging Punjab High Court’s order which held that telephone recording of spouse without her knowledge is an infringement to his privacy , court observed that recordings in bits and pieces will not be admissible in family court .
The petitioner in supreme court contended that right to privacy is not an absolute right , referring section 122 of IEA ,1986 exception which says communication between husband and wife can be disclosed in matrimonial proceedings .
In cases of cruelty and mental cruelty parties are bound to recreate the scene in front of court , these things take place commonly in home and personal spaces with barely any witness to the incident . In era of technology evidence can be brought up using electronic devices .
It was emphasised in the petition that petitioner endeavour as only to prove the events of cruelty committed on him by his wife .
High Court Order .
- Court opined that CD’s in question can’t be permitted as evidence .
- Recording of conversation without her consent is infringement to her privacy .
- Couple speak many things unaware of that every word would weighed in court of law .
- The court will be ill-equipped to assess the circumstances in which response was given .
The High Court set aside order of family court which has admitted phone recordings as evidence .