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Recording wife’s phone conversation without her knowledge is infringement of privacy: HC



Image Source : BBC

Recording of wife’s telephonic conversation without her knowledge is infringement of her privacy, the Punjab and Haryana High Court has observed. The court of Justice Lisa Gill passed the order last month on a plea filed by a woman who challenged a 2020 order of the Bathinda family court.

The Bathinda family court had allowed the woman’s estranged husband to prove a CD pertaining to recorded conversations between him and his wife subject to the condition of its correctness.

“Recording of telephonic conversation of the wife without her knowledge is a clear cut infringement of her privacy,” observed the high court.

“Furthermore, it cannot be said or ascertained as to the circumstances in which the conversations were held or the manner in which response elicited by a person, who was recording the conversations, because it is evident that these conversations would necessarily have been recorded surreptitiously by one of the parties,” it further observed.

The husband had submitted a petition in 2017 seeking a divorce from the woman. Their marriage was solemnised in 2009 and the couple had a daughter together.

During cross-examination, an application was moved by the husband in July, 2019, seeking permission to submit his supplementary affidavit by way of examination-in-chief along with the CD and transcripts of conversations recorded in memory card or chip of the mobile phone.

In 2020, the family court allowed the husband to prove the CD subject to the condition of correctness and also observed that strict principles of evidence were not applicable to the proceedings before it, keeping in view Section 14 and 20 of the Family Court Act. Thereafter, the wife approached the high court.

The counsel for the wife argued that the evidence sought to be led by the husband is completely beyond pleadings, therefore, absolutely impermissible. It was contended that the pleadings do not refer to any such conversations which are sought to be proved.

“Therefore, this evidence has been wrongly accepted. Furthermore, the said CDs are a clear-cut infringement and downright invasion of the wife’s privacy, thus, a violation of Article 21 of the Constitution of India, as the conversations have been recorded without knowledge, what to say of consent of the petitioner,” the counsel argued.

The counsel further contended that the family court has given a complete go bye to Section 65 of the Indian Evidence Act, because if recordings were done through a mobile phone, CDs of the recording and transcripts thereof in any case cannot be accepted as evidence.

The counsel for the petitioner submitted that the husband, being very well aware of the conversations allegedly held years prior to filing of the divorce petition, was at liberty to have incorporated them in his pleadings at the very first instance.

Though the veracity of such conversations cannot be vouched for, even if taken to be correct, they are not admissible in evidence as they have been recorded without the consent or knowledge of the petitioner, the counsel submitted.

The counsel for the husband refuted the arguments and submitted that there was no question of infringement of the right of privacy and in any case, the husband can always be subjected to cross-examination.

It is vehemently argued that conversations so recorded are not beyond pleadings as it has always been the husband’s case that he was treated with cruelty by his wife.

Though specific conversations are not mentioned in the petition, it has been clearly mentioned that the wife used to treat him in a cruel manner, his counsel argued.

The recorded conversations are only an attempt to prove the same, therefore, it cannot be said that they are beyond pleadings, the counsel argued.

Source : IndianExpress


Gurgaon: Heavy rain leads to waterlogging in several areas



Representational Image | Source: Pixahive

Gurgaon saw weighty downpours and rainstorms from the get-go Saturday, prompting waterlogging in certain areas.

Waterlogging was found in the help path close to Narsinghpur on Delhi-Gurgaon interstate, Rajiv chowk, Tau Devi Lal arena, Galleria market, Basai, Sector 9 and 10 A, and interior area streets.

As indicated by Data from District Administration, till 8 am on Saturday, Gurgaon tehsil got 54 mm of precipitation, while Wazirabad got 52 mm, Sohna 72 mm, Manesar 50 mm, and Pataudi 40 mm.

Pardeep Kumar, boss architect at Infrastructure-2 in Gurugram Metropolitan Development Authority (GMDA), said, “Because of ceaseless precipitation, waterlogging has been accounted for, yet the water is being depleted out by siphons. The circumstance isn’t quite as disturbing as it normally is during rainstorms, besides at one point close to Tau Devi Lal arena, where sewage-cleaning work has been continuing, other than the development of an underpass at Subhash Chowk. In the low-lying extends, as Narsinghpur administration path on NH-8, water invests in some opportunity to retreat because of the Topography.”

Subhash Boken, the representative of Gurgaon police, said, “Traffic police authorities have been deputed to guarantee smooth progression of traffic, particularly on the expressway.”

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Delhi, Mumbai continue to see spike in Covid cases; EC prohibits physical rallies, roadshows till Jan 15



India detailed 1,41,986 every day Covid-19 cases on Saturday, taking the nation’s all out caseload to 3,53,68,372. With 40,895 recuperations, the dynamic caseload remains at 4,72,169. The loss of life expanded to 4,83,463 with 285 patients capitulating to the contamination.

As per information delivered by the Union Ministry of Health and Family Welfare on Saturday, 3,071 instances of Omicron variation were announced across 27 states and association regions up to this point, out of which 1,203 have recuperated or relocated. The dynamic cases presently remain at 1.34 percent of the all out diseases. The public Covid-19 recuperation rate diminished to 97.30 percent, the wellbeing service said.

The three need gatherings of medical care laborers, forefront laborers and 60 or more populace with comorbidities, who are qualified for their third “preparatory portion” 39 weeks in the wake of getting their subsequent punch, can either book a web-based arrangement or stroll into any inoculation place, sources in the Ministry of Health and Family Welfare said on Friday.

End of the week controls kicks in across most urban areas in India as the states attempt to check the spread of the novel Covid. While Delhi and Karnataka have forced end of the week lockdowns, the Tamil Nadu government has requested a closure on Sundays.

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Govt blocks several social media handles circulating fake, inciting content



In the midst of the enormous lockdown on contemptuous posts, sources said that the hostile substance actioned related to the counterfeit video of a cupboard instructions, an enlivened phony video showing viciousness against the Prime Minister, and disparaging posts focusing on Hindu ladies transferred via web-based media handles.

The public authority has hindered a few web-based media handles that were coursing “counterfeit and affecting” content on Twitter, YouTube, and Facebook, Minister of State for IT Minister Rajeev Chandrasekhar said on Saturday.

Proprietors of these records are being recognized for activity under the law, he added.

“Taskforce on Safe and Trusted Internet at @GoI_MeitY at work. Handles that attempted to push counterfeit/inducing content on twitter, youtube, fb, insta have been impeded,” Chandrasekhar Tweeted on Saturday.

The pastor said proprietors of such records are being distinguished for activity under the law, and declared that stages will be investigated on their due steadiness.

On Friday evening, the pastor had reacted to a tweet that encouraged him to make a move against the “makers of an exceptionally fierce video that includes the PM”, which “has been in the public area since December 2020”.

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