- Hindi news
- National
- Divorce Cases Evidence; Husband vs Wife Phone Call Records | Supreme Court
New Delhi9 minutes ago
- Copy link
The Supreme Court gave this decision during the hearing of a divorce case of a couple from Bathinda.
The Supreme Court on Monday said that the call without information without information can be used as evidence in marital disputes. The court rejected the Punjab-Haryana High Court’s decision stating that doing so is a violation of the wife’s right to privacy and cannot be considered as evidence.
The court said that the right to secrecy in married life cannot be fulfilled. The dialogue between husband and wife under Section 122 of Indian Evidence cannot be exposed in court, but we consider it an exception in cases like divorce.
The bench of Justice Biwi Nagratna and Justice Satish Chandra Sharma said, “We do not believe that there is a violation of the right to privacy. Section 122 recognizes the secrecy of the dialogue between the husband and wife only, but it is not related to the constitutional right of privacy (Article 21).”
What was the matter? The case started from a family court in Bathinda, where the husband had applied for divorce on the basis of recording of a conversation with his wife. The court accepted the CD as evidence. The wife challenged the decision in the Punjab-Haryana High Court. The High Court called it a violation of privacy and said that this recording cannot be considered evidence.
The High Court, citing the Andhra Pradesh High Court and other decisions, said that it is wrong to secretly record the personal conversation of husband and wife.
Husband’s argument- Always not a witness in the case of husband and wife The husband’s lawyer said that the right to privacy is limited and should be balanced with other constitutional rights. He said that there are many cases in marital disputes many times which decrease only between husband and wife and there is no witness. In such a situation, evidence collected with the help of technology becomes necessary.
Delhi Court had said- Thinking of considering wife to husband’s property unconstitutional
On April 18, the Delhi High Court acquitted the accused person in the case of adultery filed by the husband of a woman. The court said- The thinking of considering the wife as the property of the husband is now unconstitutional. This mentality has been going on since the Mahabharata period.
Justice Nina Bansal Krishna, in his judgment, cited the Supreme Court’s historic decision in which Section 497 of the IPC was declared unconstitutional. This law was based on patriarchal thinking, in which the wife was considered a woman, not a criminal, who was seduced.
The High Court said- Draupadi was put at stake in gambling by her husband Yudhishthira in Mahabharata. Draupadi had no voice, there was no value of her dignity. This thinking remains in the society even today, but the Supreme Court has declared it unconstitutional.
Read this news of Supreme Court too …
The Supreme Court said- Marriage Based Relations: Its purpose is happiness and respect, not controversy; Divorce of a separate couple for 20 years approved
The Supreme Court said that the relationship of marriage rests on mutual trust, accompanying and shared experiences. If these things are not for a long time, then marriage remains only on paper. The court further said that the purpose of marriage is the happiness and respect of both, not tension and controversy. The court made this remark up to the Madras High Court’s decision, in which the software engineer couple, who have been separate from 20 years, were ordered to divorce. Read full news …