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 Ranjan and Hemlata Chaubey, were cited, where the court held that such recordings without the spouse's knowledge infringe upon Articles 19 and 21 of the Constitution. The cases of Anurima alias Abha Mehta vs. Sunil Mehta and Abhishek Ranjan and Hemlata Chaubey were consistent in holding that unauthorized recording breaches privacy rights.

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History of this topic

Accused Doesn't Have Right Of "Pre-Audience" To Dictate Manner Of Investigation: Madhya Pradesh High Court
4 months, 2 weeks ago

Accused Doesn't Have Right Of "Pre-Audience" To Dictate Manner Of Investigation: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court at Jabalpur has held that suspects or accused individuals cannot be given a pre-audience to determine the manner or agency of their investigation. Thus, the High Court, aligning with the Apex Court's consistent view, dismissed the petitioners' plea for a directed investigation. Justice Ahluwalia emphasized that the accused does not possess the right to influence …

'Educated People Expected to be Civilised Are Snatching Away 18-Month-Old Child': Madhya Pradesh HC Grants Custody to Mother
7 months, 3 weeks ago

'Educated People Expected to be Civilised Are Snatching Away 18-Month-Old Child': Madhya Pradesh HC Grants Custody to Mother

News 18  

The Madhya Pradesh High Court, in a recent verdict, granted custody of an 18-month-old child to the mother, who approached the court with a writ of Habeas Corpus, alleging that her son was forcibly kept away from her by her husband and in-laws. The decision was delivered by a bench of Justice Rohit Arya and Justice Rajendra Kumar Vani, who …

Can Husband’s Right To Privacy Prevail Over Wife’s Right To Seek Evidence For Proving Her Allegations Of Adultery? Delhi High Court Answers
1 year, 7 months ago

Can Husband’s Right To Privacy Prevail Over Wife’s Right To Seek Evidence For Proving Her Allegations Of Adultery? Delhi High Court Answers

Live Law  

Can the husband's right to privacy be permitted to prevail over his wife's right to seek redressal under the provisions of the Hindu Marriage Act?The Delhi High Court today ruled that since Hindu Marriage Act specifically recognises adultery as a ground for divorce, it would not at all be in public interest that the court should on the ground of …

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 …

Approach Police Commissioner If Threatened By Parents Or Anyone In Future: Madhya Pradesh High Court Assuages Married Couple Seeking Protection
2 years, 7 months ago

Approach Police Commissioner If Threatened By Parents Or Anyone In Future: Madhya Pradesh High Court Assuages Married Couple Seeking Protection

Live Law  

The Madhya Pradesh High Court, Indore Bench recently directed a married couple seeking police protection that they may approach the Police Commissioner, Indore directly if they ever received any threat or had fear for their lives from their parents or anyone in future. Justice Vivek Rusia further directed that in case the Commissioner finds that there is indeed a threat …

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 …

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 …

Can Parties In Cases Of Personal Nature Seek Masking Of Thier Identities In Records To Protect Privacy? Kerala High Court Refers To Division Bench
3 years, 7 months ago

Can Parties In Cases Of Personal Nature Seek Masking Of Thier Identities In Records To Protect Privacy? Kerala High Court Refers To Division Bench

Live Law  

Recently, a Single Bench of the Kerala High Court referred to larger bench the question whether parties in a proceeding that did not involve public interest could seek the masking of their names. In this light, he framed this question for the consideration of a Division Bench - "Therefore, the question that has to be considered in this writ petition …

Can State Violate Privacy Rights Of Accused By Publishing Their Photographs In Media Or Parading Them? Madhya Pradesh HC To Examine [Read Order]
4 years, 2 months ago

Can State Violate Privacy Rights Of Accused By Publishing Their Photographs In Media Or Parading Them? Madhya Pradesh HC To Examine [Read Order]

Live Law  

The Madhya Pradesh High Court will examine whether the State Govt. by issuing an executive instruction, can violate the privacy rights of the accused by publishing their uncovered faces in news paper/ media or by parading them in Society. by issuing an executive instruction, can violate the privacy rights of the accused by publishing their uncovered faces in news paper/ …

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