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The Hindu
7 days ago
- Politics
- The Hindu
Secretly recorded conversations may be evidence, but erode spousal trust
In a landmark judgment in a divorce case (Vibhor Garg vs Neha), the Supreme Court has accepted the admissibility of secretly recorded conversations between a married couple as reliable evidence. Vibhor Garg had filed a divorce petition under the Hindu Marriage Act, 1955 in a family court at Bathinda in Punjab on the grounds of mental cruelty by his wife, Neha. The petitioner adduced conversations between him and his wife recorded by him over a period of time without her consent and knowledge to buttress his allegations of mental cruelty. The evidence was admitted by the family court. However, on appeal against its decision, the Punjab & Haryana High Court took an opposing view, holding the secretly recorded calls violative of the fundamental right to privacy as enshrined in Article 21 of the Constitution. Justice Lisa Gill held that the conversations were in clear breach of the privacy rights, and set aside the decision of the family court. Aggrieved by this decision, the petitioner approached the Supreme Court, which on July 14 ruled in favour of the husband by accepting the recorded conversations, though they were made without the consent and knowledge of the spouse. Complete lack of trust The Supreme Court Bench, comprising Justices B.V. Nagarathna and Satish Chandra Sharma, used the recorded conversations to conclude that the marriage in question had reached a point of a broken relationship, where one spouse was actively snooping on the other, denoting a complete lack of trust between them, the very bedrock of a marriage. In essence, the Supreme Court admitted the recorded conversations to decide on the broken marriage rather than as an absolute question of privacy laws. The court also relied on the exception provided in Section 122 of the Indian Evidence Act, which permits the disclosure of recorded marital communications in suits between married persons or proceedings in which one married person is prosecuted for any crime committed against the other. The Bench observed: 'We do not think there is any breach of privacy in this case. Section 122 of the Evidence Act does not recognise any such right. On the other hand, it carves out an exception to the right to privacy between spouses and therefore cannot be applied horizontally at all.' The Family Courts Act, 1984 grants a family court discretion to admit evidence, including reports, statements, documents, information, or other matters, that, in its opinion, will assist in effectively handling a dispute, even if that evidence might not meet the admissibility benchmark under the Indian Evidence Act, 1872. This provision allows the family courts to consider a broader range of evidence, including recorded conversations, in deciding matrimonial disputes. The court recognised that instances of mental suffering were very private and recorded conversations assisted the family court in deciding the matter appropriately. It reaffirmed its commitment to a fair trial, an inalienable right provided by Article 21 of the Constitution. Important form of evidence Call recordings have become an important form of evidence in legal proceedings. The Information Technology Act, 2000 and the Bhartiya Sakshya Adhiniyam, 2023 are the primary laws related to electronic records and the admissibility of these records. The admissibility of call recordings in Indian courts has been a matter of debate and controversy for several years. The K.S. Puttaswamy judgment (2017) established privacy as a fundamental right under Article 21 of the Constitution. However, the Supreme Court, in this case, has interpreted the right to privacy in the specific context of matrimonial discord, the exception provided in the Evidence Act, and the admissibility of relevant evidence in a family court proceeding to decide a case. The judgment reaffirms the admissibility of secretly recorded conversations, based on the precedent set in R.M. Malkani vs State of Maharashtra. The admissibility of recorded electronic evidence was also examined in S. Pratap Singh vs State of Punjab, in which the Supreme Court accepted an unauthorisedly obtained tape-recorded conversation between two parties. The court evaluated the evidentiary value of the tape-recorded conversation and accepted it as evidence only because it was essential to resolving the case. Some believe the judgment will promote spousal surveillance and abuse of privacy laws to be used against an unsuspecting partner in future. Research established that women are generally at the receiving end in a family or a live-in relationship. The male counterpart enjoys greater coercive control. Admission of recorded conversations between spouses will create a greater atmosphere of suspicion, a trust deficit, and an abuse of privacy laws. The admissibility of call recordings in Indian courts depends on several factors, including the authenticity, accuracy, and reliability of the recordings, the relevance and probative value of the recordings to the issue at hand, and the circumstances under which the recordings were made. As technology continues to evolve, the admissibility of electronic evidence, including call recordings, will likely remain a subject of judicial scrutiny and interpretation. The admissibility of electronic evidence, such as recorded telephone or mobile conversations and video clips, often raises concerns regarding the right to privacy. While electronic evidence is accepted in a court of law, it is not generally legal for individuals to record conversations without authorisation due to the violation of the right to privacy under Article 21 of the Constitution. However, in Vibhor Garg vs Neha, the Supreme Court has emphasised that the use of recorded conversations as evidence is admissible only in cases involving matrimonial or family discord. Only time will tell if the courts in India will be liberal in accepting such evidence in other cases also. (The writer is a former Director-General of Police, Himachal Pradesh; view are personal)
Time Business News
17-07-2025
- General
- Time Business News
What Happens After a Woman Legally Separates from Her Husband
In Pakistan, legal separation is a right available to women under Islamic and civil family laws. Many women who are trapped in incompatible or abusive marriages may not realize that the law grants them the right to seek a formal and dignified exit. Legal separation provides an organized process through which a woman can officially Divorce in Pakistan to end a marriage when mutual consent or cooperation from the husband is not possible. Understanding this legal route is essential, especially for women who feel powerless in a difficult marital situation. Knowing the steps, documentation, and procedures involved can empower women to take lawful action while preserving their rights and safety. Family courts in Pakistan play a vital role in ensuring that women are protected, heard, and provided with a fair judgment according to their situation. A woman has the legal right to request the dissolution of marriage through court when there are valid and acceptable reasons. These may include mental or physical cruelty, lack of maintenance, emotional neglect, forced separation, infertility, drug abuse, or serious compatibility issues. Documenting these problems can greatly support the court petition. Any written records, medical documents, witness accounts, or financial statements may strengthen the case. While not always mandatory, such documentation can give clarity to the court and make the legal decision process more efficient. Under Pakistani law, particularly within the framework of the Family Courts Act and Islamic personal law, a woman may request a separation if the marriage no longer serves its purpose. The court will examine the reasons and determine if they justify the legal termination of the marital bond. Before filing a separation request in court, a woman should take the following preparatory steps: An experienced family law advocate can guide her on the process, documentation, legal grounds, and the expected outcomes. Legal guidance is important to avoid mistakes and delays. The court typically requires: National Identity Card (CNIC) Marriage Certificate (Nikahnama) Proof of abuse, non-maintenance, or separation (if applicable) Though optional, reconciliation attempts—either personally or through community elders—may help resolve the situation. However, if reconciliation fails or is deemed unsafe, the court process remains the best option. To begin the legal separation, the woman must file a petition in the Family Court marriage in Pakistan of her area. This application must clearly explain the reasons for ending the marriage, supported by any evidence or witness details. Once the application is submitted, the court issues a notice to the husband, informing him of the claim. This is the beginning of the formal legal process, during which hearings and reconciliation attempts may take place. Depending on the complexity of the case, the timeline for court hearings may vary from a few weeks to a few months. The family court typically invites both parties to appear for hearings and attempts reconciliation through counseling sessions. If the husband cooperates, he may either agree to a divorce or defend the petition. However, if he refuses to appear or does not agree to reconciliation, the court continues with the proceedings. If all reconciliation attempts fail, and the court is satisfied with the woman's reasoning and evidence, it will issue a decree for dissolution of marriage. This decree formally ends the marital contract in the eyes of the law. Once the court issues the decree, a certified copy is sent to the Union Council of the area where the couple last lived. The Union Council then begins the mandatory 90-day waiting period (Iddat period), during which reconciliation is still possible. If no objections or agreements occur during this time, the separation becomes final and is officially registered. The woman is then legally recognized as separated and may proceed with decisions about her future. After the separation is finalized: The woman gains full legal freedom to remarry , if she chooses, after the Iddat period. , if she chooses, after the Iddat period. Custody and financial support matters (if children are involved) are addressed separately in court. (if children are involved) are addressed separately in court. The woman retains her right to property, maintenance (if eligible), and dignity, as guaranteed under Pakistani family law. It's important for women to know that this legal route offers not just an exit from an unhappy marriage, but also a path to personal independence and peace. Can a woman file for separation without her husband's consent? Yes. If the husband refuses to grant a divorce or is absent, a woman can still seek legal separation through court. How long does the legal separation process take? Timelines can vary, but generally 3 to 6 months, including the 90-day waiting period by the Union Council. Is court attendance mandatory? Yes, the woman must attend court hearings. If she cannot appear in person, her lawyer can sometimes represent her with special permission. Legal separation is a protected right for Khula in Pakistan. It ensures that women are not forced to remain in unjust or harmful marriages. Understanding the step-by-step process helps women take the right legal path with confidence. While emotional strength is necessary, professional legal help ensures smoother handling of the case and full protection of rights. For any woman considering separation, the most powerful first step is being informed — and knowing that the law is there to support her. TIME BUSINESS NEWS
Time Business News
17-07-2025
- General
- Time Business News
When Reconciliation Fails Legal Alternatives for Women
In Pakistan, legal separation is a right available to women under Islamic and civil family laws. Many women who are trapped in incompatible or abusive marriages may not realize that the law grants them the right to seek a formal and dignified exit. Legal separation provides an organized process through which a woman can officially Khula in Pakistan to end a marriage when mutual consent or cooperation from the husband is not possible. Understanding this legal route is essential, especially for women who feel powerless in a difficult marital situation. Knowing the steps, documentation, and procedures involved can empower women to take lawful action while preserving their rights and safety. Family courts in Pakistan play a vital role in ensuring that women are protected, heard, and provided with a fair judgment according to their situation. A woman has the legal right to request the dissolution of marriage through court when there are valid and acceptable reasons. These may include mental or physical cruelty, lack of maintenance, emotional neglect, forced separation, infertility, drug abuse, or serious compatibility issues. Documenting these problems can greatly support the court petition. Any written records, medical documents, witness accounts, or financial statements may strengthen the case. While not always mandatory, such documentation can give clarity to the court and make the legal decision process more efficient. Under Pakistani law, particularly within the framework of the Family Courts Act and Islamic personal law, a woman may request a separation if the marriage no longer serves its purpose. The court will examine the reasons and determine if they justify the legal termination of the marital bond. Before filing a separation request in court, a woman should take the following preparatory steps: An experienced family law advocate can guide her on the process, documentation, legal grounds, and the expected outcomes. Legal guidance is important to avoid mistakes and delays. The court typically requires: National Identity Card (CNIC) Marriage Certificate (Nikahnama) Proof of abuse, non-maintenance, or separation (if applicable) Though optional, reconciliation attempts—either personally or through community elders—may help resolve the situation. However, if reconciliation fails or is deemed unsafe, the court process remains the best option. To begin the legal separation, the woman must file a petition in the Family Court marriage in Pakistan of her area. This application must clearly explain the reasons for ending the marriage, supported by any evidence or witness details. Once the application is submitted, the court issues a notice to the husband, informing him of the claim. This is the beginning of the formal legal process, during which hearings and reconciliation attempts may take place. Depending on the complexity of the case, the timeline for court hearings may vary from a few weeks to a few months. The family court typically invites both parties to appear for hearings and attempts reconciliation through counseling sessions. If the husband cooperates, he may either agree to a divorce or defend the petition. However, if he refuses to appear or does not agree to reconciliation, the court continues with the proceedings. If all reconciliation attempts fail, and the court is satisfied with the woman's reasoning and evidence, it will issue a decree for dissolution of marriage. This decree formally ends the marital contract in the eyes of the law. Once the court issues the decree, a certified copy is sent to the Union Council of the area where the couple last lived. The Union Council then begins the mandatory 90-day waiting period (Iddat period), during which reconciliation is still possible. If no objections or agreements occur during this time, the separation becomes final and is officially registered. The woman is then legally recognized as separated and may proceed with decisions about her future. After the separation is finalized: The woman gains full legal freedom to remarry , if she chooses, after the Iddat period. , if she chooses, after the Iddat period. Custody and financial support matters (if children are involved) are addressed separately in court. (if children are involved) are addressed separately in court. The woman retains her right to property, maintenance (if eligible), and dignity, as guaranteed under Pakistani family law. It's important for women to know that this legal route offers not just an exit from an unhappy marriage, but also a path to personal independence and peace. Can a woman file for separation without her husband's consent? Yes. If the husband refuses to grant a divorce or is absent, a woman can still seek legal separation through court. How long does the legal separation process take? Timelines can vary, but generally 3 to 6 months, including the 90-day waiting period by the Union Council. Is court attendance mandatory? Yes, the woman must attend court hearings. If she cannot appear in person, her lawyer can sometimes represent her with special permission. Legal separation is a protected right for Divorce in Pakistan. It ensures that women are not forced to remain in unjust or harmful marriages. Understanding the step-by-step process helps women take the right legal path with emotional strength is necessary, professional legal help ensures smoother handling of the case and full protection of rights. For any woman considering separation, the most powerful first step is being informed — and knowing that the law is there to support her. TIME BUSINESS NEWS
Time of India
28-06-2025
- Time of India
HC: Baseless allegations on wife's character amount to mental cruelty
Raipur: The Chhattisgarh High Court observed that making baseless allegations about a wife's chastity amounts to mental cruelty. It held that such conduct by the husband provides sufficient justification for the wife to live separately. Citing the Supreme Court's ruling in Vijaykumar Ramchandra Bhate Vs. Neela Vijaykumar Bhate, the division bench of Justices Rajani Dubey and Sachin Singh Rajput dismissed an appeal filed by a husband seeking divorce on grounds of cruelty and adultery. The appeal was filed under Section 19(1) of the Family Courts Act, 1984, challenging the judgment dated March 17, 2022, by the Family Court, Raigarh, which dismissed the husband's application under Section 13 of the Hindu Marriage Act, 1955. The appellant alleged that his wife had an illicit relationship with his brother-in-law and claimed that she frequently left the house without informing him and spent time with the brother-in-law in his absence. He further alleged that she left the marital home with their children, assisted by him, and refused reconciliation. However, the court noted that there was no substantial evidence to prove adultery. The husband admitted during cross-examination that he did not file any criminal complaint against his brother-in-law and provided no recordings or electronic evidence to support his claim. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Neuropatia incomodando à noite? Veja o que muitos idosos estão usando para aliviar os sintomas. A arte do herbalismo Undo Witnesses also failed to substantiate the alleged extramarital affair. The court found that the respondent/wife faced harassment from her husband and in-laws, including demands for dowry and physical abuse. "From the evidence on record, it is clear that the husband made unfounded accusations against the wife's character, including alleging a relationship with his own brother-in-law. Such allegations, even if unproven, amount to mental cruelty," the court held, reaffirming the precedent set by the apex court. Dismissing the appeal, the High Court concluded that the wife had just and sufficient cause to live separately and that the Family Court's decision was based on a proper appreciation of evidence and the balance of probabilities. "No ground has been made out to interfere with the judgment and decree passed by the Family Court," the bench stated. Accordingly, the appeal was dismissed.
Time of India
28-06-2025
- Time of India
Baseless adultery charge is cruelty: Chhattisgarh HC; backs wife's right to live separately; junks husband's divorce plea
The court dismissed a husband's appeal for divorce, citing a lack of evidence for adultery and noting the wife's harassment, including dowry demands and physical abuse. RAIPUR: The Chhattisgarh High Court has observed that making baseless allegations on a wife's chastity amounts to mental cruelty, holding that such conduct by the husband provides sufficient justification for the wife to live separately. Citing the Supreme Court's ruling in Vijaykumar Ramchandra Bhate Vs. Neela Vijaykumar Bhate, the division bench of Justices Rajani Dubey and Sachin Singh Rajput dismissed an appeal filed by a husband seeking divorce on grounds of cruelty and adultery. The appeal was filed under Section 19(1) of the Family Courts Act, 1984, challenging the judgment dated March 17, 2022, by the Family Court, Raigarh, which had dismissed the husband's application under Section 13 of the Hindu Marriage Act, 1955. The appellant alleged that his wife had an illicit relationship with his brother-in-law, and claimed that she frequently left the house without informing him and spent time with brother-in-law in his absence. He further alleged that she left the marital home with their children, assisted by him, and refused reconciliation. However, the Court noted that there was no substantial evidence to prove adultery. The husband admitted during cross-examination that he had not filed any criminal complaint against his brother-in-law and provided no recordings or electronic evidence to support his claim. Witnesses also failed to substantiate the alleged extramarital affair. The Court found that the respondent/wife had, in fact, faced harassment from her husband and in-laws, including demands for dowry and physical abuse. Her willingness to continue the marriage, despite these circumstances, further reinforced her credibility. 'From the evidence on record, it is clear that the husband made unfounded accusations against the wife's character, including alleging a relationship with his own brother-in-law. Such allegations, even if unproven, amount to mental cruelty,' the Court held, reaffirming the precedent set by the apex court. Dismissing the appeal, the High Court concluded that the wife had just and sufficient cause to live separately and that the Family Court's decision was based on a proper appreciation of evidence and the balance of probabilities. 'No ground has been made out to interfere with the judgment and decree passed by the Family Court,' the bench stated. Accordingly, the appeal was dismissed.
