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| Secret recording of conversations of spouses can be used in matrimonial cases: SC | | | NEW DELHI, July 14: The Supreme Court on Monday held "secretly" recorded conversations of spouses to be evidence in matrimonial disputes, including divorce proceedings.
A bench of Justice B V Nagarathna and Satish Chandra Sharma, as a result, set aside a Punjab and Haryana High Court's verdict which referred to right to privacy and held such conversations were protected under Section 122 of the Evidence Act not to be used in judicial proceedings. The top court disagreed with the argument that allowing such evidence jeopardises domestic harmony and matrimonial relationship as it would also encourage snooping on the spouse.
"We do not think such an argument is tenable. If the marriage has reached a stage where spouses are actively snooping on each other, that is in itself a symptom of a broken relationship and denotes a lack of trust between them. The said snooping cannot be said to be a consequence of the Court admitting the evidence obtained by snooping," Justice Nagarathna said.
The judge underlined that snooping between partners was an "effect" and not a "cause of marital disharmony".
"The privacy of communication exists between spouses, as has been recognised by Section 122, but the said right of privacy cannot be absolute and has to be read also in light of the exception provided in Section 122 of the Evidence Act…"
The bench in the process restored the trial court order and said recorded conversations can be taken note of during the matrimonial proceedings.
The family court was ordered to proceed with the case after taking judicial note of the recorded conversations.
Section 122 deals with the communications during marriage and said that "no person who is or has been married, shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married".
The case stemmed from a matrimonial dispute between two persons , who were married in 2009 and have a daughter born in 2011.
The husband filed for divorce in 2017 citing marital discord, later amending the petition in 2018.
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