No breach of privacy: Supreme Court allows secret call recordings in divorce cases

In a landmark decision with wide-reaching implications for matrimonial law, the Supreme Court of India has overturned a Punjab & Haryana High Court ruling that had disallowed the use of secretly recorded phone conversations between spouses in family court. No breach of privacy: Supreme Court allows secret call recordings in divorce cases. It’s not violate the fundamental right to privacy.

This judgment reinstates an earlier Family Court order which had permitted the use of the recorded calls as valid evidence. The Supreme Court emphasized that ensuring a fair trial—guaranteed under Article 21 of the Constitution—takes precedence, and parties must be allowed to present relevant materials in support of their case.

The ruling offers much-needed clarity on the use of electronic evidence in marital disputes, particularly regarding recordings made without consent. It attempts to strike a balance between individual privacy and the necessity of justice in matrimonial litigation.

Background: From Family Court to Apex Court

The case began in a Family Court where one spouse submitted secretly recorded phone calls to demonstrate cruelty. The court allowed the evidence, noting that family courts often adopt a more flexible approach toward the admissibility of evidence to ensure substantive justice.

However, this order was challenged in the Punjab & Haryana High Court by the other spouse, who claimed that the recording infringed upon their privacy rights. The High Court agreed, stating that such secret recordings violated the right to privacy and were therefore inadmissible. This judgment was seen as a strong endorsement of privacy within a marital relationship.

Supreme Court’s Interpretation: Fair Trial over Privacy

Reversing the High Court's decision, the Supreme Court held that the right to privacy, though fundamental, is not absolute and may be reasonably restricted during legal proceedings. In marital disputes, where the relationship itself is being scrutinized, communication between spouses is directly relevant.

A key part of the Court’s interpretation was Section 122 of the Indian Evidence Act, 1872, which protects confidential communications between spouses. However, the section includes an important exception: it does not apply when the dispute is between the spouses themselves. The Court noted that ignoring this exception would defeat the legislature’s intent and could result in one party being denied critical evidence.

The bench concluded that barring such recordings purely on privacy grounds would compromise the right to a fair hearing. In disputes where one spouse seeks to prove abuse or misconduct, relevant evidence—such as recorded calls—must not be excluded without good reason.

This decision reinforces the principle that legal fairness sometimes requires access to otherwise private information, especially when both parties are involved in the same dispute.

Case details: [Case Title – Vibhor Garg v. Neha, Case no. – SLP(C) No. 21195/2021]