Why in news
The Madurai Bench of the Madras High Court affirmed that privacy is a fundamental right that includes the privacy of spouses.
Evidence obtained by violating this privacy cannot be used in court.
What HC Said
In a case involving a couple’s divorce, the husband had submitted his wife’s call detail records as evidence, which the court deemed inadmissible.
Justice G.R. Swaminathan emphasized that trust is essential in marriage, and spying on a spouse undermines the relationship.
The court stated that obtaining personal information without consent is a serious breach of privacy.
It highlighted that while proving marital misconduct is important, it should not justify snooping.
Appropriate legal means should be used to gather evidence.
The court noted that the husband obtained the wife's call records without being the device owner, which violated her privacy rights.
To use electronic records as evidence, proper certification must be submitted in line with Sections 63 and 39 of the Bharatiya Sakshya Adhiniyam, 2023, and Section 79 A of the Information Technology Act, 2000
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