14 July 2025 | New Delhi
In a landmark judgment that balances the right to privacy with the need for truth in judicial proceedings, the Supreme Court of India has ruled that secretly recorded telephonic conversations between spouses can be admitted as evidence in matrimonial disputes.
A Division Bench comprising Justice B.V. Nagarathna and Justice Satish Chandra Sharma set aside a Punjab and Haryana High Court order, holding that such recordings if relevant and not obtained illegally are admissible in court.
“The right to privacy is not absolute and cannot be used to suppress relevant facts in legal proceedings between spouses,” the bench observed.
The case arose from divorce proceedings under the Hindu Marriage Act. The husband had submitted a compact disc (CD) containing secretly recorded phone conversations of his wife to prove allegations of cruelty. The Family Court in Bathinda allowed the CD to be admitted as evidence.
However, the Punjab and Haryana High Court overturned this, citing violation of the wife’s fundamental right to privacy. Challenging that decision, the husband approached the Supreme Court.
Supreme Court’s Observations
• The Bench clarified that the Indian Evidence Act does not prohibit the admission of such evidence, particularly under Section 65B, which governs electronic records.
• Section 122 of the Evidence Act, which protects confidential communication between spouses, does not apply in legal proceedings between them.
• The Court noted that recording a conversation between spouses, especially when the relationship is already strained, does not amount to an illegal act if used solely to support one’s legal claims.
• “If one of the spouses records the conversation to support their allegations, especially in cases of cruelty or abuse, and it is relevant to the matter, the court cannot ignore such material,” the judgment stated.
