Odisha News, Odisha Latest news, Odisha Daily - OrissaPOST
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
No Result
View All Result
OrissaPOST - Odisha Latest news, English Daily -
No Result
View All Result

Recording wife’s telephonic conversation without her knowledge is infringement of privacy: High Court

PTI
Updated: December 13th, 2021, 15:46 IST
in National
0
Phone

Photo courtesy: komando.com

Share on FacebookShare on TwitterShare on WhatsAppShare on Linkedin

Chandigarh: Recording of wife’s telephonic conversation without her knowledge is infringement of her privacy. This observation was made Monday by the Punjab and Haryana High Court. The court of Justice Lisa Gill passed the order last month on a plea filed by a woman who challenged a 2020 order of the Bathinda family court.

The Bathinda family court had allowed the woman’s estranged husband to prove a CD pertaining to recorded conversations between him and his wife subject to the condition of its correctness.

Also Read

7 killed as landslide strikes residential building in Mumbai

7 killed, four injured as landslide hits residential area in Mumbai’s Ghatkopar

2 hours ago
Calcutta HC

West Bengal OBC certificates issued under Mamata government rule cancelled by Calcutta HC

2 hours ago

“Recording of telephonic conversation of the wife without her knowledge is a clear cut infringement of her privacy,” observed the high court. “Furthermore, it cannot be said or ascertained as to the circumstances in which the conversations were held or the manner in which response elicited by a person, who was recording the conversations, because it is evident that these conversations would necessarily have been recorded surreptitiously by one of the parties,” the court further observed.

The husband had submitted a petition in 2017 seeking a divorce from the woman. Their marriage was solemnised in 2009 and the couple had a daughter together.

During cross-examination, an application was moved by the husband in July, 2019, seeking permission to submit his supplementary affidavit by way of examination-in-chief along with the CD and transcripts of conversations recorded in memory card or chip of the mobile phone.

In 2020, the family court allowed the husband to prove the CD subject to the condition of correctness and also observed that strict principles of evidence were not applicable to the proceedings before it, keeping in view Section 14 and 20 of the Family Court Act. Thereafter, the wife approached the high court.

The counsel for the wife argued that the evidence sought to be led by the husband is completely beyond pleadings, therefore, absolutely impermissible. It was contended that the pleadings do not refer to any such conversations which are sought to be proved.

“Therefore, this evidence has been wrongly accepted. Furthermore, the said CDs are a clear-cut infringement and downright invasion of the wife’s privacy, thus, a violation of Article 21 of the Constitution of India, as the conversations have been recorded without knowledge, what to say of consent of the petitioner,” the counsel argued.

The counsel further contended that the family court has given a complete go bye to Section 65 of the Indian Evidence Act, because if recordings were done through a mobile phone, CDs of the recording and transcripts thereof in any case cannot be accepted as evidence.

The counsel for the petitioner submitted that the husband, being very well aware of the conversations allegedly held years prior to filing of the divorce petition, was at liberty to have incorporated them in his pleadings at the very first instance.

The high court after hearing the arguments of both the counsels set aside the Bathinda family court order.

 

Tags: constitutioncourtMobile phoneprivacyRecordingswife
ShareTweetSendShare
Suggest A Correction

Enter your email to get our daily news in your inbox.

 

OrissaPOST epaper Sunday POST OrissaPOST epaper

Click Here: Plastic Free Odisha

#MyPaperBagChallenge

Smitarani Sahoo

December 12, 2019
#MyPaperBagChallenge

Jhili Jena

December 12, 2019
#MyPaperBagChallenge

Ramakanta Sahoo

December 12, 2019
#MyPaperBagChallenge

Pratyasharani Ghibela

December 12, 2019
#MyPaperBagChallenge

Vandana Singh

December 12, 2019
#MyPaperBagChallenge

Praptimayee Biswal

December 12, 2019
#MyPaperBagChallenge

Sipra Mishra

December 12, 2019
#MyPaperBagChallenge

Ankita Balabantray

December 12, 2019
#MyPaperBagChallenge

Anasuya Sahoo

December 12, 2019
#MyPaperBagChallenge

Arya Ayushman

December 12, 2019
#MyPaperBagChallenge

Narendra Kumar

December 12, 2019
#MyPaperBagChallenge

Ipsita

December 12, 2019
#MyPaperBagChallenge

Tapaswini Mallick

December 12, 2019
#MyPaperBagChallenge

Sibarama Khotei

December 12, 2019
#MyPaperBagChallenge

Archana Parida

December 12, 2019
#MyPaperBagChallenge

Anshuman Sahoo

December 12, 2019
#MyPaperBagChallenge

Archit Mohapatra

December 12, 2019
#MyPaperBagChallenge

Pitabas Tripathy

December 12, 2019
#MyPaperBagChallenge

Subhajyoti Mohanty

December 12, 2019
#MyPaperBagChallenge

Pragyan Priyambada

December 12, 2019
#MyPaperBagChallenge

Keshab Chandra Rout

December 12, 2019
#MyPaperBagChallenge

Rajashree Pravati Mohanty

December 12, 2019
#MyPaperBagChallenge

Sarfraz Ahmad

December 12, 2019
#MyPaperBagChallenge

Faiza Firdous

December 12, 2019
#MyPaperBagChallenge

D Rama Rao

December 12, 2019
#MyPaperBagChallenge

Surya Sidhant Rath

December 12, 2019
#MyPaperBagChallenge

Akriti Negi

December 12, 2019
#MyPaperBagChallenge

Aman Kumar Barisal

December 12, 2019
#MyPaperBagChallenge

Mandakini Dakua

December 12, 2019
#MyPaperBagChallenge

Amritansh Mishra

December 12, 2019

Archives

Editorial

Race for Right

August 12, 2026

A colossal tragedy on a sea has given fillip to ultra-right politics in Italy, Germany and the UK. The three...

Read moreDetails

Jantar Mantar to Ranchi

Election Commission of India
August 11, 2026

Police used water cannons, lobbed tear gas shells, and lathi-charged job aspirants as they breached barricades multiple times on 10...

Read moreDetails

Strategic Squeeze

Strategic Squeeze
August 10, 2026

The defence pact between Saudi Arabia, Turkey and Pakistan, signed in Mecca on the principle that an attack on one...

Read moreDetails

Protect the Protest

Aakar Patel
August 9, 2026

By Aakar Patel There was a remarkable exchange in the Delhi High Court this week. The government was asked why...

Read moreDetails
  • Home
  • State
  • Metro
  • National
  • International
  • Business
  • Editorial
  • Opinion
  • Sports
  • About Us
  • Advertise
  • Contact Us
  • Jobs
Developed By Ratna Technology

© 2025 All rights Reserved by OrissaPOST

  • News in Odia
  • Orissa POST Epaper
  • Video
  • Home
  • Trending
  • Metro
  • State
  • Odisha Special
  • National
  • International
  • Sports
  • Business
  • Editorial
  • Entertainment
  • Horoscope
  • Careers
  • Feature
  • Today’s Pic
  • Opinion
  • Sci-Tech
  • About Us
  • Contact Us
  • Jobs

© 2025 All rights Reserved by OrissaPOST

    • News in Odia
    • Orissa POST Epaper
    • Video
    • Home
    • Trending
    • Metro
    • State
    • Odisha Special
    • National
    • International
    • Sports
    • Business
    • Editorial
    • Entertainment
    • Horoscope
    • Careers
    • Feature
    • Today’s Pic
    • Opinion
    • Sci-Tech
    • About Us
    • Contact Us
    • Jobs

    © 2025 All rights Reserved by OrissaPOST