A secretly recorded telephonic conversation of the spouse is admissible as evidence in matrimonial proceedings, the Supreme Court (SC) held in Vibhor Garg v Neha [2025 INSC 829], while setting aside the judgment of the Punjab & Haryana High Court.
The SC states, “The recorded conversation held between the parties is another way of adducing evidence and recreating before the court the events of the matrimonial home just like the evidence of oral testimony of parties and other witnesses does.”
In suits between parties in a marriage, the privilege between spousal communication under Section 122 of the Indian Evidence Act, 1872 (IEA) does not exist and therefore the right to privacy is not a relevant consideration in such litigations between the parties in a marriage, the SC states by citing the Report of the 69th Law Commission of India.
References
- Vibhor Garg v Neha [2025 INSC 829]
- The Report of the 69th Law Commission of India
