Secretly Recorded Spousal Conversation Admissible as Evidence in Matrimonial Disputes: Supreme Court

The Supreme Court has ruled that a secretly recorded phone call between spouses can be used as evidence in matrimonial disputes.

The Court overruled a Punjab & Haryana High Court decision, which had held that recording a wife’s conversation without consent violates her fundamental right to privacy and is inadmissible before a Family Court.

The Supreme Court clarified that such recordings do not violate the right to privacy under Section 122 of the Indian Evidence Act.

The case involved a husband who recorded calls to support his cruelty allegations in divorce proceedings. The Court observed that when a marriage breaks down to the point of surveillance, privacy concerns are secondary to the right to a fair trial and truth-finding.