SC to Hear Whether Recording Wife’s Phone Conversation Is Infringement of Privacy Or Not.

In an interesting development the Supreme Court has agreed to hear a petition whether or not recording a wife’s telephonic conversation, in the absence of her knowledge, is violation of her privacy.

The top court was hearing an appeal filed by a man challenging the single bench order of the Punjab and Haryana High Court, in December last year. After hearing brief arguments in the matter on January 12, a bench comprising Justices Vineet Saran and B.V. Nagarathna issued notice.

The high court order had come on a plea filed by a woman, who challenged a Bathinda family court order passed in 2020, allowing her estranged husband to prove a CD in connection with the recorded conversations between them, subject to the correctness of it.

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The high court had observed that recording of wife’s telephonic conversation without her knowledge is a clear-cut infringement of her privacy. In 2017, the husband had moved a petition seeking divorce and in 2019, during the hearing in the matter, he had moved an application seeking permission to bring on record 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. The wife moved the high court challenging this decision of the family court.

The high court observed that it is evident that these conversations would necessarily have been recorded surreptitiously by one of the parties.

The couple’s marriage was solemnised in 2009 and they had a daughter together.