- Husband cannot record wife’s phone without permission
- High Court gave the decision during the hearing of a case
- Recording considered infringement of right to privacy in case of divorce
If you think that what is wrong with recording wife’s phone conversation, then take care. The Punjab and Haryana High Court has made it clear that this is a violation of the right to privacy. During the hearing of a case, the court bluntly said that recording the wife’s telephone conversation without permission would be a violation of her right to privacy.
HC set aside the decision of Family Court, Bathinda to accept phone recordings as evidence. A division bench of Justice Lisa Gill set aside the January 29, 2020 order of the Family Court, which required the husband to prove the telephonic conversation between him and the wife in order to file a case of cruelty against the wife in a divorce case. permission was granted.
The family court had allowed the husband to prove the charges of cruelty leveled against the wife by proving the alleged telephone conversation recorded in the compact disc. The husband had recorded this conversation in the phone’s memory card and reached the court with it in a CD. The top court termed it as a clear violation of the fundamental right of the petitioner’s wife.
understand the whole matter
The husband of the petitioner wife had filed for divorce in the Bathinda Family Court in 2017 on several grounds. Further, the husband demanded the production of the recording of the telephone conversation with the wife as evidence and the family court allowed. On this, the wife challenged the order of the Family Court in the High Court and now the decision came in her favor. The High Court has ordered the Family Court to take a decision on the divorce petition within six months. The couple was married on 20 February 2009 and had a daughter in May 2011.