A file of a photo of the Supreme Indian Court. | Photo Credit: Hind
On Monday (July 14, 2025), the Supreme Court concluded that the secretly recorded interviews of the spouses are admissible as evidence in the trial and stated that the fact that the spouses reduce each other is proof that marriage is not strong and therefore can be used in court proceedings.
In the case of the judgment of the High Court in Panjab and Haryana, the bench composed of justice BV Nagarathn and Satish Chandra Sharma. The High Court ruled that the secret interviews between the spouses were protected under Section 122 of the Evidence Act and cannot be used in court proceedings.
The postponement of the High Court order, the bench renewed the order of the court court and stated that the recorded interviews could be entered during the marital proceedings.
He asked the Family Court to continue with this case after the court note about the recorded interviews.
The Top Court stated that the fact that spouses record their mutual conversations is in itself proof that their marriage is not strong and can therefore be used in court proceedings.
Section 122 deals with communication during the marriage and says that “no person who is married, will not be forced to publish any communication that any person he is or married to during his marriage.
The case stems from a decision on a family court in Bathinda, which allowed her husband to rely on a compact disk containing telephone call recordings with his wife to support the claims for cruelty. The wife questioned it at the High Court and claimed that the recordings were made without her knowledge or consent and violated her fundamental right to privacy.
The High Court accepted the wife’s action and decided the evidence inadmissible and stated that the secret recording was a clear violation of privacy and was legally unfounded.
However, Nagarathn’s justice disagreed with this position.
“Some arguments have been submitted to allow such evidence, jeopardizing domestic harmony and marital relations, as it would encourage snooping to spouses, and therefore violated the goal of section 122 of the Evidence Act,” she said.
“We do not think that such an argument is sustainable. If the marriage has reached a phase where the spouses actively reduce each other, it is in itself a symptom of a broken relationship and refers to a lack of trust between them,” she said.
A detailed judgment is expected.
Published – 14 July 2025 12:25 is
