Recording of telephonic conversation of the wife without her

Published by Amit sharma on February 5, 2022

Arguments

The wife contended that the Family Court has given a complete go bye to Section 65 of the Indian Evidence Act, because if recording has been done through a mobile phone, CD’s of the recording and transcripts thereof in any case, cannot be accepted as evidence thereof. Moreover, there is non-compliance with Section 65-B of the Evidence Act.

She further added that the CDs containing the transcripts of the conversations which were recorded without her knowledge and consent were in violation of her right to privacy guaranteed under Article 21 of the Constitution.

The husband contended that according to Section 122 of the Evidence Act, the communication between the married persons can be disclosed in divorce proceedings. He said that in matrimonial cases which involved an allegation of mental cruelty, the “parties are bound to recreate the issues and events which were otherwise confined to the matrimonial home and the bedroom and away from public eye.

The High Court said that the recording of telephonic conversation of the wife without her knowledge, is a clear cut infringement of her privacy…it cannot be said that as the Family Court is not bound by strict rules of evidence, it is at liberty to accept the CD in evidence which is a clear cut infringement of the right of privacy of the wife.

Advocate Ankit Swarup argued that the recorded conversation held between the parties is another way of adducing evidence and recreating the events of the matrimonial home before the Court.