HUSBAND MOVES SC AGAINST PUNJAB & HARYANA HC BARRING HIM FROM RECORDING TELEPHONIC CONVERSATION WITH HIS WIFE

A husband approached the Top Court after the Punjab & Haryana High Court barred him from recording telephonic conversations with his wife. The P&H HC held that recording telephonic conversation without the wife's knowledge amounts to infringement of the right to privacy.

Background

The wife challenged an order of the family court before the P&H HC. The family court allowed the husband to reproduce telephonic recordings of their conversations. The main issue before the HC was whether the order of the family court was against the fundamental right to privacy of the wife. Justice Lisa Gill of the P&H HC had held that family courts are not bound to stick to the strict rules of evidence, but it is not at liberty to accept a CD having secret recordings of the wife's telephonic conversation in evidence. 

Arguments

By relying on section 122 of the Evidence Act, the husband argued that in a divorce proceeding, the communication between the parties could be disclosed. He further argued that such evidence could be brought on record in the present modern-day technology.

The appellant further appellant argued that the recorded conversation held between the husband and wife is a way of adducing evidence and recreating before the Court the events of the matrimonial home. Thus, without proving the element of cruelty, the appellant would fail to seek a decree of divorce.

A Bench of Justices Vineet Saran and BV Nagarathna of the Top Court issued notice to the wife. 

Author: Papiha Ghoshal