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
Shraddha Murder Case: Police found spinal cord, 10 body parts recovered so far from the forest
The bones of Shraddha found by the Delhi Police in the forest of Mehrauli belong to the back part of the body. About 10 such body parts have been found so far, including the reed bone. Apart from this, some bones have also been recovered from the drain.
Delhi Police has received 10 parts of the body including the lower part of the spinal cord. The police have also found blood stains in the kitchen of the flat, whose samples have been sent for examination to find out whose the blood stains are.
Aftab had cleaned the fridge with chemicals so that when caught, he could spoil the forensic investigation. Delhi Police will soon call Shraddha’s father for a DNA sample. After which blood sample and bone sample will be sent to FLS, after which FSL will do a DNA test.
After the investigation so far, the police suspect that Shraddha’s body was dismembered in the bathroom after the murder. Along with this, the accused used to leave the water running from the shower so that the dead body could be easily cut and blood flowed. The FSL team along with Aftab was present during the investigation at his flat.
Fog will be seen in Delhi’s sky from tomorrow, cold will increase with drop in temperature!
After the passing of half of November, there is a rapid change in the weather. The country’s capital Delhi is feeling cold in the morning and evening, while the temperature is rising in the afternoon. However, a change in the weather can be seen in the coming days. According to IMD, the cold may increase in Delhi from tomorrow i.e. 17 November with a drop in temperature.
Delhi’s temperature condition
According to weather experts, in the next few days, icy winds will blow in the northwest direction, due to which Delhi’s temperature will drop and the cold will increase. Talking about the temperature, on November 17, the minimum temperature can be 12 degrees Celsius and the maximum temperature can be 27 degree Celsius. Two days ago i.e. on November 15, the minimum temperature was recorded at 15 degrees and the maximum temperature was 30 degrees. At the same time, there is a possibility of further decline in it for the next two days. On November 18, the minimum temperature can reach 11 °C and the maximum temperature can reach 26 °C.
In Delhi, 37 lakh people apply for power subsidy
After the 15-day-expansion by the Delhi government to select for the power subsidy scheme finished Tuesday, just three lakh individuals applied during the augmentation time frame. From September 14 till Tuesday night, 37,13,179 individuals applied to keep on benefiting from the subsidy scheme.
In spite of the fact that authorities are guaranteeing that a decent level of individuals has applied, the information shows a distinction of around 10 lakh customers when contrasted with a year ago. As per the information, around 46.8 lakh individuals profited from the advantage under the plan in 2021-22.
“This was the normal number of individuals who get the advantage, and the people who go under the 200 unit class probably applied. Likewise, the number varies as a few purchasers get the financed bill during winters and the number descends in summer as individuals use ACs, coolers, and fans,” said a senior authority from the power office.
He added that individuals who got sponsored bills under 400 units during winter should not have applied. “In any case, they can, in any case, apply before their next charging cycle and profit from the subsidy scheme,” said the official.
Enter your email address to get latest updates