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The high court said that it appeared that the respondent-husband had recorded the conversation of his wife without her knowledge behind her back which amounted to violation of her right to privacy and also her right guaranteed under Article 21 of the Constitution of India
The Chhattisgarh High Court has said that a husband recording conversation of wife on mobile phone behind her back would violate her right to privacy under Article 21 of the Constitution.
A single judge bench of Justice Rakesh Mohan Pandey allowed an application filed by a woman against the Family Court's order which permitted an application filed by her husband under Section 311 of the Criminal Procedure Code to cross examine her in proceedings for maintenance under Section 125 of the Criminal Procedure Code.
"The Right of Privacy is an essential component of right to life envisaged by Article 21 of the Constitution, therefore, in the opinion of this Court, the Family Court has committed an error of law in allowing the application under Section 311 of the CrPC along with the certificate issued under Section 65 of the Indian Evidence Act," the bench said.
During the proceedings before the Family Court, the husband filed a plea that certain conversation was recorded on the mobile phone and he wanted to cross examine the wife confronting with the conversation recorded on the mobile.
The wife, who challenged the validity of the order, contended that the family court committed an error of law by allowing the application as it infringed her right to privacy. Without her knowledge, the conversation was recorded and the same could not be used against her, she argued.
Her counsel placed reliance on the judgments passed by the Supreme Court in the matters of 'R M Malkani v State of Maharashtra' (1973) and 'Mr ‘X’ v Hospital ‘Z’' (1999), and the judgment passed by the High Court of Madhya Pradesh in the matter of 'Anurima alias Abha Mehta v Sunil Mehta' (2016).
The husband, on the opposite, said that he wanted to produce certain evidence to prove some allegations against the wife and he had the right to confront her with the conversation which was recorded on his mobile phone.
He said that the said piece of evidence was necessary for a just decision in the case.
The high court noted that it appeared that the respondent-husband had recorded the conversation of the petitioner without her knowledge behind her back which amounted to violation of her right to privacy and also her right guaranteed under Article 21 of the Constitution of India.
The high court, thus, set aside the Family Court's order passed on October 21, 2021.
Case Title: Aasha Lata Soni Vs Durgesh Soni
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