The Punjab And Haryana High Court its recent order observed that recording of the telephonic conversation of the wife without her knowledge is a clear-cut infringement of her privacy.
The Bench of Justice Lisa Gill set aside the order of a Family Court allowing the husband to prove the telephonic conversation between him and his wife in a divorce suit (U/S 13 of the Hindu Marriage Act, 1955) to make out a case of cruelty against his wife.
The petitioner-woman/wife submitted that there is a dispute going on between her and her husband and her husband has filed a suit seeking a divorce before the Bathinda’s family court in the year 2017.
In the case proceedings, she further averred in her plea, her husband sought to produce the recording of his telephonic conversation with the petitioner/wife as evidence and he was allowed to prove the same by the Family Court. Therefore, challenging the order of the family court, she moved to the High Court.
Defense By Husband
On the other hand, it was argued on behalf of the husband that the telephonic recording was essential for proving the charge of cruelty being committed by his wife against him so that he could secure a divorce decree from the Court.
Family Court, Bhathinda
The Family Court had allowed the husband to prove the allegations of cruelty levelled by him against his wife by way of proving the alleged telephonic conversation contained in the Compact Disk.
Punjab & Haryana High Court
The high court bench called the recoding of conversation of wife, ‘a clear breach of the fundamental right of the petitioner-wife’. Setting aside the family court order, the high court noted,
It cannot be ignored that acceptance of the CD in question shall amount to a clear breach of the fundamental right of the petitioner-wife i.e., her right to privacy, as has been upheld in various judicial pronouncements.
At the outset, the Court opined that even if it is accepted that the general averments in the petition regarding cruelty would be proved by the evidence sought to be produced, the CDs in question cannot be permitted in evidence.
It cannot be said or ascertained as to the circumstances in which the conversations were held or the manner in which response elicited by a person who was recording the conversations, because it is evident that these conversations would necessarily have been recorded surreptitiously by one of the parties.
Evidence Not Admissible
The Court also remarked that if a spouse would be permitted to record conversations with an unsuspecting partner and to produce the same in a court of law in a petition under Section 13 of the Act, that would indeed not be feasible.
In this regard, the Court referred to the case of Deepinder Singh Mann Vs. Ranjit Kaur, 2015 (5) RCR (Civil) 691, wherein it was observed by the Punjab & Haryana High Court that couples speak many things with each other, unaware that every word would be weighed in a Court of law.
The high court further said that the court would be ill-equipped to assess the circumstances in which a particular response may have been elicited from a spouse at a given point of time, notwithstanding the right of cross-examination.
Concluding the matter, the high court remarked,
Acceptance of the CD by the learned Family Court allegedly containing conversations between the husband and wife recorded surreptitiously without the consent or knowledge of the wife and allowing the husband’s application is unjustified.
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What kind of obvious stupidity is in the court of Lisa Gill?
Also, same here in USA. If not by recording, how would on earth a man can prove his innocence? Why a man should move mountains and oceans to be able to prove his is innocent? But a tear drop of women would cripple a man and cost his job, savings, properties and all? I am fighting a divorce where I am in same situation. My mother-in-law asked my wife to abort. THAT F’ing woman. and my wife did. And we call women are so sensitive and all? We need to stop calling women kind hearted, comparing to flowers and all. They are just like any other human. That’s it.
I was in trouble for recording my wife’s conversations with her mother. They were cruel and planning so much of nonsense – sending my money to them, copying my paystubs to her brother, copying my property details, aborting my kid. 🙁 But, if a woman falsely allege a man’s life is gone.