Whether Tape recorded conversation of wife without her knowledge is admissible in evidence?
On considering the above submissions and the
impugned order, I find that the sole question that arises in
consideration is whether the tapes produced by the husband
are admissible evidence? Admittedly, the conversation was
recorded without the knowledge of the wife, behind her
back, and is definitely an infringement of her right to
privacy. Besides, it is violative of article 11 & 21 of the
Constitution of India and has rightly pointed out by the
Counsel for the petitioner / wife, that interception in the7
recording conversation is permitted only under the
circumstances. Besides, there is also penalty under section
72 of the Information Technology Act and it could not be
used as instrument to create evidence of such nature. The
cases cited by the Counsel for the respondent are not
applicable in the present context and are of no use to the
respondent.
HIGH COURT OF MADHYA PRADESH:
BENCH AT INDORE
BEFORE S. B: HON’BLE MRS. JUSTICE S.R. WAGHMARE
Writ Petition No. 7479 & 7484/20 1 4
Anurima @ Abha Mehta
vs.
Sunil Mehta S/o Chandmal
(Passed on 21/05/2015)
Per Mrs. S.R. Waghmare, J.
Citation:AIR 2016 MP112
https://www.lawweb.in/2016/07/whether-tape-recorded-conversation-of.html
