Recording Wife’s Conversation A Violation Of Her Privacy: Punjab and Haryana HC

• On 12 December, 2021 the Hon’ble Punjab and Haryana HC in the case of Neha vs. Vibhor Garg hasrefused to allow the husband to prove the cruelty of his wife by producing a CD of recorded conversations between him and his wife. These conversations were recorded without the knowledge of the wife.
• With this observation, the Court set aside the order of the Family Court which had allowed the CD to be produced in Court in a suit for divorce under section 13 of the Hindu Marriage Act,1955.
• The Court observed–

“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, that is her right to privacy, as has been upheld in various judicial pronouncements”

• The Bench further observed that “it cannot be ascertained as to the circumstances in which the said conversations were held”. The Court felt that it was not in a position to assess the circumstances in which the particular response was made by the other party, even if the cross-examination was done.
• While concluding the judgement, the Court stated–

“ acceptance of CD by the learned Family Court allegedly containing conversations between the husband and the wife recorded surreptitiously without the consent or knowledge of the wife and allowing the husband’s application is unjustified”

• Reliance was also placed on the decision of the Hon’ble Andhra Pradesh HC in the case of Smt. Rayala M. Bhuvaneshwari vs. Napaphander Rayala (2003) RCR (Civil) in which the Court specifically held “the act of recording conversations without the knowledge of the wife is illegal and amounts to infringement of her right to privacy and even if the chips in question are true, they are not admissible in evidence”. A similar view was expressed by the Madhya Pradesh HC in Arunima @ Abha Mehta vs. Sunil Mehta s/o Chandmal AIR 2016(MP).

And now, for our judiciary aspirants—

State the name of the landmark judgement in which the right to privacy was declared a fundamental right by the Supreme Court?