The Supreme Court on Monday (July 14, 2025) ruled that secretly recorded conversations between spouses can be used as valid evidence in matrimonial disputes. The bench, comprising Justices B.V. Nagarathna and Satish Chandra Sharma, overturned a Punjab and Haryana High Court verdict that had barred such recordings, citing protection under Section 122 of the Indian Evidence Act.

 

By setting aside the High Court’s order, the Supreme Court reinstated a trial court’s decision that allowed these recordings to be considered in family court proceedings. The top court directed the family court to resume hearing the case, acknowledging the recorded conversations as part of the evidence.

 

The bench observed that the mere act of spouses secretly recording each other suggests a breakdown in trust, indicating the marriage is already strained. This, the court said, justifies the admissibility of such material in matrimonial cases.

 

Section 122 of the Evidence Act prohibits a person from being compelled to disclose communications exchanged with their spouse during marriage. The case in question began when a Bathinda family court allowed a husband to use a compact disc containing phone conversations with his wife to support allegations of cruelty. The wife appealed to the High Court, arguing the recordings infringed upon her privacy and lacked her consent.

 

The High Court sided with her, deeming the recordings a violation of her fundamental right to privacy and inadmissible in court. However, Justice Nagarathna disagreed, saying concerns that allowing such evidence might harm domestic harmony were not persuasive.

 

“If the relationship has deteriorated to the extent that spouses feel the need to record each other without consent, it already indicates a serious erosion of trust,” she noted.

 

A detailed judgment from the apex court is expected soon.