Chandigarh: The Punjab and Haryana High Court has made it clear that recording of calls without the knowledge of the wife is a violation of the right to privacy and such matters should be dealt with under any circumstances. should not be encouraged. The Punjab-Haryana High Court has made this important observation while setting aside the decision of the Family Court to accept the recording as evidence.
While filing a petition in the Punjab and Haryana High Court, the woman told that there is a dispute going on between her and her husband for a long time. Due to this dispute, the husband had filed for divorce in the family court of Bathinda in the year 2017. Meanwhile, the husband had also presented the recording of the conversation between me and himself as evidence. The family court also accepted the recorded call on the mobile phone as evidence, which is not correct according to the rules.
Hearing the matter, the High Court expressed surprise that how a person can violate the right to privacy of someone. No husband can record a phone conversation with his spouse without his approval. If the husband does this, then it will be considered a violation of the right to privacy. The court said, recording the phone conversation with the spouse without his consent constitutes a case of violation of the right to privacy. The High Court strongly reprimanded the husband’s evidence presented in the family court.
The High Court said that such a conversation, about which the other partner is not even aware, cannot be accepted as evidence. The High Court set aside the decision of the Family Court of Bathinda and set aside the order to include the call recording as evidence in the entire case. Along with this, the High Court ordered the Family Court to make a decision on the divorce petition within six months.
