The Supreme Court of India in Vibhor Garg v. Neha ruled that secretly recorded conversations between spouses can be used as evidence in matrimonial disputes, including divorce cases.
The spouses' snooping on each other is proof that the marriage is not going strong and hence can be used in judicial proceedings.
The Punjab and Haryana High Court had held that the secret conversations between spouses are protected under Section 122 of the Evidence Act and cannot be used in judicial proceedings.
The Supreme Court referred to a 1973 case where secret telephonic recordings were accepted as evidence in a corruption trial.
It extended this reasoning to matrimonial disputes.
The apex court’s judgment reshapes the understanding of spousal privilege and privacy in Indian law.
Background
The Evidence Act was enacted in 1872, before privacy was recognised as a fundamental right in India in 2017.
Spousal privilege protects private communication between married partners.
It prevents a person from being forced to testify against their spouse in criminal cases.