Can Husband Produce Secretly Recorded Phone Conversations of Wife as Evidence in Divorce Case ? S.C to Consider .

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 .

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