Case no. – SLP(C) No. 21195/2021
The Supreme Court on Monday (July 14) set aside the Punjab & Haryana High Court's judgment that held that recording a wife's telephonic conversation without her knowledge amounts to a "clear breach" of her fundamental right of privacy and cannot be admitted in evidence before a Family Court. A bench of Justice BV Nagarathna and Justice Satish Chandra Sharma thus held that a secretly recorded telephonic conversation of the spouse is admissible as evidence in matrimonial proceedings.
Section 122 of the Indian Evidence Act bars disclosure of marital communications without consent, except in legal proceedings between the spouses or where one is prosecuted for a crime against the other. The Court stated that the spousal privilege under the first part of the section cannot be absolute and must be read in light of the exception provided in the same provision. “Exception under Section 122 has to be construed in light of the right to a fair trial, which is also an aspect of Article 21 of the Constitution,” the Court said.
The recorded conversation held between the parties is another way of adducing evidence and recreating before the court the events of the matrimonial home just like the evidence of oral testimony of parties and other witnesses does. Without providing the aspect of cruelty, the petitioner would become unsuccessful in seeking a decree of divorce from the Family Court,” the petition stated.
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