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
4 arrested for sexual assault of spa employee
Delhi Police captured four individuals after a worker of a spa center in Delhi’s Pitampura claimed she was molested and sexually exploited by its manager and a client.
A 22-year-old woman complained of rape in a spa center at Delhi’s Pitampura on Thursday.
Authorities from Maurya Enclave police station hurried to the spot and started the examination.
“On August 4, a PCR call was gotten at PS Maurya Enclave in regards to rape with a lady at a Spa Center, Pitampura Delhi. The police promptly arrived at the spot (the ocean spa center) where a victim aged 22 years along with her husband were present external the spa center and complained in regards to rape on her by the manager of the spa center and client,” said police.
She was sent to the hospital for her clinical assessment. A counselor from DCW visited her.
“She expressed that on June 30 she joined the spa on August 4 at around 6 p.m. one client came there along with the manager Rahul and requested sexual favors. Rahul offered her a soft drink, after drinking it she felt tipsy and both raped her,” said police.
A case under Sections 354A/328/376 D of IPC was registered and both the accused persons were arrested.
Gold medalist boxer became a robber in Delhi, arrested with two companions
A burglary group has been busted in Delhi. A boxer was likewise remembered for this posse, who has additionally won gold decorations in certain contests. This posse of three individuals used to complete stealing from Baba Haridas Nagar of Delhi.
The group had looted a lady’s mobile phone in Baba Haridas Nagar on August 1. when the lady was getting back from work. The lady had let in her protest know that three unidentified individuals who had come on the motorcycle grabbed her mobile phone and took off. The police began the examination of the matter. Some CCTVs were additionally checked and individuals around were likewise addressed.
Then, at that point, on August 4, two individuals wandering in a similar region were gotten by the police. The first gave his name as Ankit (age 19 years) who hails from Jhajjar, Haryana. The other’s name is Shivam Kumar who lives in Sainik Enclave. He is additionally 19 years of age. The third is being told as a minor. The person who is there Ankit is a boxer. During interrogation, a stolen cell phone was also recovered from them.
Unclaimed Bag, Tiffin Box in Delhi’s Rohini Spark Alarm But Nothing Suspicious Found
An unclaimed bag was found in Rohini region in delhi on Thursday, sending the security organizations like the special cell and bomb detection team soon to reach the spot and launched an investigation, police said.
After a careful review of the area, nothing suspicious was tracked down.
As per authorities, An unclaimed bag was tracked down in the parking lot close to DC Chowk, Rohini Sector-9.
A bomb identification and removal crew and sniffer canines had looked through the area, but it turned out to be a false alarm.
Delhi | Suspicious object found in Rohini, police personnel on the spot. Further details awaited pic.twitter.com/FmNQqEKcPE
— ANI (@ANI) August 4, 2022
Enter your email address to get latest updates