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Posted inFamily, Marriage & Divorce
The Supreme Court (SC), in Vibhor Garg v Neha [2025 INSC 829] has held that a telephonic conversation of the spouse that has been recorded secretly is admissible as evidence in matrimonial proceedings. This was ordered by the SC while setting aside the judgment of the Punjab & Haryana High Court.
The SC says, “The recorded conversation held between the parties is another way of adducing evidence and recreating before the court the events of the matrimonial home just like the evidence of oral testimony of parties and other witnesses does.
Citing the Report of the 69th Law Commission of India on the Indian Evidence Act, 1872, the SC says that in adjudicating situations where the privilege under Section 122 of the Act is not granted, as in suits between a couple (an exception provided for in Section 122 itself), the right to privacy is not a relevant consideration, since it is not the rationale under which spousal communications were deemed privileged under Section 122 of the Indian Evidence Act.
Reference
- Vibhor Garg v Neha [2025 INSC 829]
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