Supreme Court Ruling: Spousal Privacy and Evidence in Matrimonial Disputes
The Supreme Court ruled that secretly recorded conversations between spouses can be admitted as evidence in divorce proceedings. The decision sets aside a High Court ruling that prohibited such evidence under privacy rights, highlighting that marital discord often results in snooping, thus denoting a broken relationship.
- Country:
- India
The Supreme Court has declared that secretly recorded conversations between spouses are admissible as evidence in matrimonial disputes, including divorce cases. This ruling overturns a Punjab and Haryana High Court decision that had previously barred such evidence on grounds of privacy under Section 122 of the Evidence Act.
Justice B V Nagarathna highlighted that marital discord, rather than the court's decision, often leads to snooping between partners. The court emphasized that secrecy signifies a broken relationship marked by a lack of trust. Thus, snooping is considered an effect rather than a cause of marital disharmony.
The verdict articulates that privacy between spouses, though recognized, isn't absolute in litigation contexts. Once divorce proceedings commence, the right to privacy is outweighed by the need for a fair trial, making spousal communications admissible despite privilege protections under Section 122.
(With inputs from agencies.)
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