CASE LAW COMICS: Vibhor Garg Vs. Neha 2025

Background of the Case

The husband and wife got married in 2009. Due to serious problems in their marriage, the husband filed a divorce case in 2017 under Section 13 of the Hindu Marriage Act, 1955, claiming cruelty by the wife.

During the trial, the husband asked the Family Court for permission to submit extra evidence. This included recorded phone conversations between him and his wife, stored in memory cards and a CD. These conversations were recorded by the husband between 2010 and 2016.

The wife strongly opposed this by saying that such recordings is take place without her permission which is a violation of her privacy right.

But the family court under trial stage admitted the recorded evidence, by stating that as per  Section 14 of the Family Courts Act, 1984, gives power to court to accept any evidence that may help to decide the case.

But the Punjab and Haryana High Court did not agree. It cancelled the Family Court’s order and said that secretly recording the wife violated her right to privacy under Article 21 of the Constitution.

The husband then approached the Supreme Court.

1. Issues Before the Supreme Court

Can recorded phone calls used as evidence in a divorce case?

To decide this, the Court looked at:

• Section 122 of the Indian Evidence Act,
• The right to privacy under Article 21, and
• Section 14 of the Family Courts Act,

2. Arguments of Both Sides

Husband’s Arguments

• Cruelty in marriage usually happens in private, so there are no witnesses.
• Section 122 of the Evidence Act allows spouses to use their communications in cases against each other.
• Right to a fair trial also give right to present important evidence to prove the case.

3. Wife’s Arguments

• Recording phone calls without permission was a violation of trust and privacy.

4. Supreme Court’s Reasoning
   1. Meaning of Section 122 of the Evidence Act

• The Supreme Court explained that Section 122 protects private communication between husband and wife.
• However, this protection does not apply when the husband and wife are fighting a case against each other.
• In divorce cases, the law clearly allows such communication to be disclosed in court.
  1. Privacy Cannot Override the Law
• Section 122 was created to protect the institution of marriage, not to give an absolute right to privacy.
• When the law itself allows such evidence in disputes between spouses, the right to privacy cannot be used to stop it.
  1. Recorded Conversations as Evidence
• recorded phone calls can be used as evidence if:
• They are important for the case,
• The voices in the recording are clearly recognized, and
• It is shown that the recording is real.
• Recording call is not illegal
  1. Right to Fair Trial
• The Court state that a fair trial means a person must be allowed to present evidence to support his case.
• If the husband was not allowed to use these recordings, his case would become very weak.

5. Final Decision

The Supreme Court:

• Cancelled the High Court’s decision,
• Brought back the Family Court’s decision, and
• Allowed the recorded calls and extra documents to be used as evidence.
• To protect both husband and wife, the Court said that:
• The hearing should happen in a closed court.

Conclusion

The Supreme Court clearly said that in marriage cases, important evidence cannot be rejected only because of privacy.

The Court said that privacy and fair trial must be balanced.