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Civil · Reportable judgment

Vibhor Garg vs Neha

Court
Supreme Court of India
Date
14 July 2025
Case No.
Civil Appeal No. 9489 of 2025
Result
Allowed
Bench
B.V. Nagarathna, Satish Chandra Sharma
Citation
[2025] 7 S.C.R. 611 : 2025 INSC 829
Acts & Sections
Constitution Evidence Act Hindu Marriage Act, 1955 Family Courts Act, 1984 Delhi Family Courts Rules, 1996 Delhi Family Courts (Amendment) Rules, 2024
Supreme Court Reports [2025] 7 S.C.R. 611 : 2025 INSC 829
Issue for consideration
Issue arose whether the conversation between spouses secretly recorded by one of them could be permitted to be made admissible in evidence; whether in light of the Evidence Act and the Family Courts Act, 1984, a conversation between spouses can be permitted to be given in evidence in a proceeding for divorce; whether such a recorded evidence should be disallowed solely on the ground that it is violative of the privacy of one of the spouses; and as to the correctness of the order passed by the High Court, declining permission to the husband to corroborate his evidence in the form of recording on his mobile phone and by means of a compact disc (CD) and transcription of the same containing the communication made by the wife to the husband in order to prove his case for seeking divorce.
Headnote

Hindu Marriage Act, 1955 – s.13 – Evidence Act, 1872 – s.122 – Family Courts Act, 1984 – Constitution of India – Art.21 – Divorce – Secretly recorded telephonic conversation of spouse – Admissibility in evidence – Right to Privacy – Husband sought permission to submit his supplementary affidavit by way of examination-in-chief along with memory cards/chips of the mobile phones, compact disc (CD) and transcript of conversations recorded in memory cards/chips – Family Court allowed the application – However, in the revision petition by the wife, the High Court held that the CD cannot be accepted in view of the right to privacy of the wife – Correctness:

Read the full headnote (1 more paragraph)

Held: Order passed by the High Court set aside and that by the Family Court restored – Three-fold test of relevance, identification and accuracy has to be satisfied before a Court admits a recorded conversation in evidence – The fact that the conversation was recorded without the consent and knowledge of the person speaking is not a prohibition on the admissibility of the evidence – Husband would have ordinarily been barred from disclosing any form of communication that was disclosed by the wife to him by virtue of being a privileged communication u/s.122 of the Evidence Act, however due to the exception provided in that Section, the bar on the disclosure of such communication is lifted since the communication sought to be disclosed is in a divorce proceeding between the husband and the wife – Thus, such privileged communication is not barred from being disclosed and brought before the Court and the objection taken by the wife with respect to s.122 is not acceptable – Adverting to s.14 of the F.C. Act is not required in the instant facts when the Evidence Act itself permits such a communication to be admitted in evidence by way of an exception – Furthermore, the exception u/s.122 has to be construed in light of right to a fair trial which is also an aspect of Art.21 – When the respective rights of the parties in a trial are weighed within the parameters of s.122, there is no breach of right to privacy – Thus, as per procedure established by law, s.122 does not touch upon the aspect of right to privacy as envisaged u/Art.21 of the Constitution, let alone invade upon such right because s.122 recognises the right to a fair trial, right to produce relevant evidence and a right to prove one’s case against a spouse so as to avail the relief sought for by a party – Rationale for s.122 was to protect the sanctity of marriage and not the right to privacy of the individuals involved. [Paras 9.5, 10, 10.2, 12, 12.6, 13] Evidence Act, 1872 – s.122 – Communications during marriage – Rule of privilege protecting disclosure of all communications between persons married to one another made during marriage, except in certain cases, i.e., in litigation between themselves – Principles and interpretations – Stated. [Para 8.8]

Keywords: Marital discord · Memory cards/chips of the mobile phones · Compact disc (CD) · Transcript of conversations recorded · Electronic instruments · Admissibility of tape recordings · Conversations between husband and wife · Right to privacy · Facet of right to life · Communications during marriage · Doctrine of privileged communications · Compellability and permissibility · Secretly obtained evidence · Best evidence available · ‘Common law rights’ · Fundamental rights · Relationship between citizen and State

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Nagarathna, J. Leave granted. 2. The present civil appeal has been filed assailing the judgment dated 12.11.2021 passed by the High Court of Punjab and Haryana in CR No. 1616 of 2020 (O&M), wherein the High Court has allowed the civil revision petition filed by the respondent herein. Factual Background: 3. Briefly stated, the facts of the present case are that the marriage between the appellant-husband and the respondent-wife was solemnized on 20.02.2009. A daughter was born out of the said wedlock on 11.05.2011. Due to marital discord between the parties, the appellant filed a di
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