Spousal privacy a fundamental right: HC in divorce case

"PRIVACY as a fundamental right includes spousal privacy and evidence obtained by invading this right is inadmissible," said the Madurai Bench of the Madras High Court recently while ruling on the admissibility of phone call records as evidence in a divorce case.

- JEGADEESWARI PANDIAN

Justice G.R. Swaminathan made the observation while deciding on a petition filed by a woman against an order passed by a subordinate court in Paramakudi which had dismissed her plea to reject the mobile call records obtained by her husband without her consent. The husband had submitted the call data before the lower court to prove his charge of adultery against the wife.

The judge cited several verdicts pronounced by courts across the world on the issue. While deliberating on the reasons attributed by Indian courts for admitting such evidence, the judge noted that the most common justification came in the form of Section 14 of the Family Courts Act, 1984, which allows Family Courts to receive inadmissible evidence.