Author Name: Dimple Chauhan
Institution: Amity University
INTRODUCTION
In an era where technology serves as a weapon to protect, empower, or exploit—depending on whose hands it is in—married couples may use it to secretly record conversations with each other. These recordings are often later submitted as evidence in legal proceedings related to divorce, child custody, or other matrimonial disputes. This gives rise to a very crucial question: whether call recording against the consent or knowledge of another spouse violates one’s fundamental right to privacy under Article 21 of the Constitution of India. This article not only protects the right to privacy but also protects the right to life and personal liberty. And whether recorded conversation between spouses is admissible in court.
As digital tools are easily available nowadays and have become an essential part of our day-to-day lives, the once rare act of recording conversations between spouses without their consent or knowledge is now likely to become more common. Such recordings may be used as a legal weapon in the future against the other spouse in case any matrimonial dispute arises between them. This may result in weakening the marital relationship, as partners may avoid opening up to each other out of fear of legal consequences that could arise from a single statement or conversation.
SUPREME COURT OVERTURNS HIGH COURT RULING ON ADMISSIBILITY OF SECRETLY RECORDED CALLS IN MATRIMONIAL DISPUTES
The Supreme Court, on 14th July 2025, comprising Justice Satish Chandra Sharma and Justice B.V. Nagarathna, overturned the Punjab & Haryana High Court’s 2021 judgment, which had barred the use of secretly recorded telephonic conversations—without the knowledge of the other spouse—as evidence. The High Court, in its judgment, held that such secret recordings without consent breach one’s fundamental right to privacy under Article 21 of the Constitution of India and, therefore, cannot be admitted as evidence in family court proceedings related to divorce, child custody, and other matrimonial matters.
However, the Supreme Court, in its 14th July judgment, held that the right to privacy must be balanced with the right to a fair trial. Section 122 of the Indian Evidence Act, 1872, prohibits the disclosure of confidential communication between spouses without the consent or knowledge of the other spouse. The Supreme Court interpreted this provision to mean that secretly recorded conversations may be treated as third-party evidence, thereby bypassing the testimonial privilege under Section 122 of the Indian Evidence Act, 1872. This provision is now aligned with Section 121 of Bharatiya Sakshya Adhiniyam, 2023 which talks of estoppel.
SPOUSAL PRIVILEGE IN INDIAN LAW
Spousal privilege is a legal concept that protects communication and testimony between married spouses from being disclosed in court. This privilege is rooted in Indian law to preserve harmony between spouses and their families, and to protect the dignity and privacy of the marital relationship.
Section 122 of the Indian Evidence Act, 1872, which has been replaced by Section 128 of the Bharatiya Sakshya Adhiniyam, 2023, states that no married person shall be compelled to disclose any communication made between spouses during their marriage without the consent of the other spouse. This protection applies in court as evidence, except in cases where the couple is involved in a lawsuit against each other or when one spouse is being prosecuted for a crime committed against the other.
The purpose of spousal privilege is to uphold the dignity and trust within a marital relationship. It aims to protect a spouse’s mental health by preventing the disclosure of private conversations in court, as such exposure could lead to embarrassment or emotional distress. It also fosters open communication between the spouses without fear of legal conferences, which will not only strengthen their relationship but may also decrease the number of matrimonial cases. Minor conflicts between partners can often be resolved through honest and clear communication, which this privilege helps to encourage.
IMPACT OF JUDGEMENT DATES 14TH JULY 2025
The recent Supreme Court judgment dated 14th July 2025 has played a significant role in the admissibility of electronic evidence in matrimonial matters. Electronic evidence such as memory cards, CDs, and transcripts of recorded phone calls or conversations will now be admissible in court, provided they fulfill the requirements of Section 65B of the Indian Evidence Act, 1872.
This judgment is more likely to result in increased trust issues between spouses and may disrupt the harmony within a marriage. With the Supreme Court’s legal interpretation of Section 128 of the Bharatiya Sakshya Adhiniyam, 2023, electronic evidence is now admissible in matrimonial matters. As a result, spouses are now more inclined to use recording apps and devices to gather evidence and use it against each other in disputes related to divorce, child custody, and other related issues.
Family lawyers will now more frequently advise their clients to gather digital recordings—such as phone conversations, voice notes, or video footage—as part of their legal strategy to strengthen their case. These recordings can be used against the other party and serve as solid evidence in court, potentially increasing the chances of obtaining the claim sought before the judge.
This judgment will negatively impact the mental health of the parties, as the exposure of their private conversations in court will likely cause feelings of embarrassment, emotional distress, and a sense of violation of privacy.
Going forward, many married individuals may find it hard to fully trust their partners. They might become more guarded and less willing to open up, worried that something they say in a moment of vulnerability could later be used against them in court. Honest communication—something every relationship depends on—could start to fade. Instead of working through problems by talking and compromising, spouses may hold back their emotions or avoid sensitive conversations altogether. This emotional withdrawal can create distance between partners, slowly eroding the connection they once had and making separation feel more inevitable.
BALANCING FAIR TRIAL WITH PRIVACY RIGHTS
The Supreme Court judgment dated 14th July 2025 gives rise to a conflict between two fundamental constitutional principles: the right to a fair trial and the right to privacy under Article 21 of the Constitution of India. The Court justified its decision to make secret recordings admissible in matrimonial matters by emphasizing that the right to privacy cannot be absolute when it comes to delivering a fair judgment and ensuring justice. This move not only reinforces public trust in the country’s judicial system but also helps preserve the dignity and integrity of the judiciary.
If the right to privacy were treated as absolute and allowed to override the right to a fair trial, it could lead to the concealment of critical facts, potentially misleading the court. It would also make it easier for individuals to avoid presenting valid evidence by hiding behind the constitutional protection of privacy. Such misuse could ultimately result in delays in legal proceedings and hinder the timely pronouncement of judgments, affecting the efficiency and credibility of the justice delivery system.
Adultery- a ground for divorce
CONCLUSION
The Supreme Court’s judgment of 14th July 2025 undoubtedly brings clarity to the legal standing of electronic evidence in matrimonial cases. By allowing secretly recorded conversations to be admissible in court, the ruling empowers individuals—especially those who may be victims of abuse or manipulation—with a stronger legal tool to prove their claims. But this legal clarity comes with a personal cost.
Marriage, at its core, is built on trust, communication, and emotional safety. When couples begin to fear that their private conversations might one day be played back in a courtroom, it creates a deep sense of unease. What was once a safe space for emotional vulnerability may now feel like a battlefield where every word is recorded and stored as potential ammunition. Over time, this can lead to emotional withdrawal, distance, and even the breakdown of the relationship.
Family lawyers, while doing their duty to secure justice for their clients, may now focus more on collecting digital proof than on encouraging dialogue, mediation, or healing. The emotional weight of having one’s personal moments scrutinized in court can be overwhelming, adding stress to an already painful process.
This judgment is a reminder that the law, while necessary, must walk a fine line between ensuring justice and preserving human dignity. As we move forward, it is essential that legal professionals, policymakers, and society at large remain mindful of the emotional consequences of such rulings—and work toward a legal system that balances the need for evidence with compassion for the people at the heart of these disputes.
REFERENCES
Supreme Court Sets Aside Punjab and Haryana High Court Order Ruling On Secretly Recorded Conversation Of Spouse | India News – News18
Secretly Recorded Telephonic Conversation Of Spouse Admissible Evidence In Matrimonial Cases : Supreme Court
SC Rules on Admissibility of Surreptitiously Recorded Spousal Conversations in Court
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