Himachal Pradesh High Court Rejects Man’s Request to Use Recorded Chat Between His Wife and Her Mother as Proof, Citing Violation of Privacy Rights.
The Himachal Pradesh High Court confirmed a Trial Court’s decision that denied a man’s request to use a supposed conversation between his wife and her mother as evidence. The Court stated that such a recording is illegal and cannot be used in court. This ruling was in response to an appeal against the Trial Court’s judgment, which rejected an application under Section 65(B) of the Indian Evidence Act along with Section 14 of the Family Court Act. Justice Bipin Chander Negi, on the Single-Judge Bench, noted that the recorded conversation between the wife and her mother is illegal as it violates her right to privacy.
The petitioner aimed to submit this alleged conversation by filing an application under Section 65(B) of the Indian Evidence Act and Section 14 of the Family Court Act. The Bench emphasized that a phone conversation is a key part of a person’s private life, stating that the right to have private phone conversations without interference is a “Right to Privacy.” It added that phone tapping or using illegal methods to gather evidence in this context would violate Article 21 of the Indian Constitution unless allowed by legal procedures.
Reliance was placed on the Supreme Court’s ruling in K.S. Puttaswamy & Anr. Vs. Union of India & Ors. [2017 (10) SCC 1], which recognized the right to privacy as a key part of Article 21 of the Indian Constitution. The recorded conversation of the respondent-wife with her mother, which was intended to be submitted as evidence, was deemed illegal because it violated her right to privacy. The Bench stated that since the recording is illegal, it cannot be used as evidence. Consequently, the Bench found no merit in the petition and dismissed it.
Cause Title: X vs. X [Neutral Citation: 2024:HHC:9884]
