SC: Secretly Recorded Spousal Calls Admissible in Matrimonial Cases

The Supreme Court has reversed the Punjab & Haryana High Court’s decision, holding that a secretly recorded telephonic conversation between spouses is admissible evidence in matrimonial disputes, including divorce proceedings. The judgment was delivered on July 14, 2025, by a bench of Justices B.V. Nagarathna and Satish Chandra Sharma.

Legal Basis: Section 122 of the Indian Evidence Act prohibits disclosing marital communications, but includes an explicit exception for legal proceedings between spouses. The Court emphasised this exception and noted that safeguarding a fair trial (Article 21) is paramount.

Privacy vs. Trust: The Court held that recording a spouse indicates broken trust—not an invasion of privacy. It rejected concerns that such evidence would disrupt domestic harmony, observing that snooping itself signals marital breakdown.

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Case Snapshot:

Context: A Bathinda family court admitted a CD of recorded calls in a cruelty petition. The Punjab & Haryana HC struck it down.

SC Order: Restored the family court’s decision and remanded the case for trial, allowing the recorded conversations to be examined for authenticity.

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Implications:

Matrimonial Litigants can now rely on electronically recorded conversations, provided authenticity is established.

Privacy Rights are not absolute; they must be balanced against the right to due process and a fair trial.

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Judgment Date: July 14, 2025
Core Issue: Admissibility of secret recordings in divorce and cruelty cases