The Haryana and Punjab High Court has made it clear that recording of calls without the knowledge of the wife is a violation of the right to privacy and this should not be encouraged. The Punjab-Haryana High Court has made this important observation while setting aside the decision of the Family Court to accept the recording as evidence.
A woman while filing the petition in the High Court said that there is a matrimonial dispute going on between her and her husband and due to the dispute, the husband filed a case for divorce in the family court of Bathinda in 2017. In the court, the husband presented the call recording of the conversation between him and his wife as evidence. The High Court reprimanded the husband who presented it as evidence in the court.
On this, the husband said that he had to prove that her wife is cruel to him, and that is why he recorded the call and presented it as evidence along with the certificates. In such a case it is valid under the Evidence Act.
After hearing the matter, the High Court was surprised that how a person can violate the right to privacy of someone. No one can record the phone call of his/her spouse without permission or approval. If anyone, does it, then it will be considered a violation of the right to privacy.
Recording the phone conversation of the spouse without his/her knowledge or consent is a case of violating the right to privacy, the court said. The High Court strongly reprimanded the husband's evidence presented in the family court.
High Court said that if the other partner is not aware of the call recordings, and the other partner presents it in the court, then it will not be accepted as evidence.
The High Court set aside the decision of the Family Court of Bathinda and set aside the order to include the call recording as evidence in this entire case. Along with this, the High Court ordered the Family Court to take a decision on the divorce petition within six months.
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