Secretly Recording Wife's Phone Calls is Infringement of Her Privacy: HC
3 years ago

Secretly Recording Wife's Phone Calls is Infringement of Her Privacy: HC

News 18  

Recording of wife's telephonic conversation without her knowledge is infringement of her privacy, the Punjab and Haryana High Court has observed. The Bathinda family court had allowed the woman's estranged husband to prove a CD pertaining to recorded conversations between him and his wife subject to the condition of its correctness. "Recording of telephonic conversation of the wife without her knowledge is a clear cut infringement of her privacy," observed the high court. Furthermore, the said CDs are a clear-cut infringement and downright invasion of the wife's privacy, thus, a violation of Article 21 of the Constitution of India, as the conversations have been recorded without knowledge, what to say of consent of the petitioner," the counsel argued.

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History of this topic

Breach Of Privacy: Madhya Pradesh High Court Declines Admission Of Unauthorised Recordings Of Wife's Conversations In Matrimonial Dispute
4 months, 2 weeks ago

Breach Of Privacy: Madhya Pradesh High Court Declines Admission Of Unauthorised Recordings Of Wife's Conversations In Matrimonial Dispute

Live Law  

The Madhya Pradesh High Court bench has addressed the issue of the admissibility of electronic evidence recorded illegally in matrimonial disputes. Justice Gajendra Singh set aside a previous order by the Additional Principal Judge, Family Court, Indore, which allowed the inclusion of an illegally recorded conversation as evidence. Previous judgments, notably Anurima alias Abha Mehta vs. Sunil Mehta and Abhishek …

Recorded Telephonic Conversation Between Accused Persons Admissible As Evidence Even If Obtained Illegally: Allahabad HC
1 year, 3 months ago

Recorded Telephonic Conversation Between Accused Persons Admissible As Evidence Even If Obtained Illegally: Allahabad HC

Live Law  

The Allahabad High Court last week observed that even if the telephonic conversation between the two accused persons was secured illegally, the same would not affect the admissibility of the recorded conversation in evidence against such accused. Essentially, the prosecuting agency had recorded the alleged telephonic communication between two accused persons on a digital voice recorder, wherein the co-accused told …

Family Court Must Step In When Wife Seeks Help For Procuring Evidence To Prove Husband’s Adultery, Right To Privacy Not Absolute: Delhi High Court
1 year, 7 months ago

Family Court Must Step In When Wife Seeks Help For Procuring Evidence To Prove Husband’s Adultery, Right To Privacy Not Absolute: Delhi High Court

Live Law  

The Delhi High Court has observed that a wife can seek production of evidence or documents to prove the charge of adultery levelled by her against the husband in a divorce petition before family court and same will be in consonance with section 14 of Family Courts Act.“….when a wife seeks the help of the Court for procuring evidence which …

Karnataka: Third Party's Privacy Can’t be Violated to Prove Illicit Relations in Matrimonial Dispute, Says HC
2 years ago

Karnataka: Third Party's Privacy Can’t be Violated to Prove Illicit Relations in Matrimonial Dispute, Says HC

News 18  

The Karnataka High Court recently quashed the order of a family court allowing access to tower location/call records of a person, who was not a party in a matrimonial dispute between a man and a woman. Informational privacy also forms an integral part of the right to privacy,” said the court, which was hearing a plea filed by the woman’s …

SC to examine if recording wife's telephonic conversation without her knowledge is infringement of privacy
2 years, 11 months ago

SC to examine if recording wife's telephonic conversation without her knowledge is infringement of privacy

The Hindu  

The Supreme Court has agreed to examine the issue whether recording wife's telephonic conversation without her knowledge is infringement of her privacy. A bench of Justices Vineet Saran and B V Nagarathna issued notice on an appeal by a man challenging an order of the Punjab and Haryana high court dated December 12, 2021. The apex court was hearing an …

Can Husband Produce Secretly Recorded Phone Conversations Of Wife As Evidence In Divorce Case? Supreme Court To Consider
2 years, 11 months ago

Can Husband Produce Secretly Recorded Phone Conversations Of Wife As Evidence In Divorce Case? Supreme Court To Consider

Live Law  

The Supreme Court today issued notice in a SLP challenging a Punjab and Haryana High Court's order which held that recording of telephonic conversation of the wife without her knowledge is an infringement of her privacy. The High Court had held that a discreetly recorded phone conversation won't be admissible in evidence before the Family Court.A bench comprising Justices Vineet …

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