Are Secret Spouse Recordings Admissible in Divorce Court? Supreme Court Ruling Clarified

In a landmark decision, the Supreme Court of India has addressed the contentious issue of using secretly recorded conversations between spouses as evidence in divorce proceedings. This ruling clarifies the scope of Section 122 of the Indian Evidence Act, which deals with privileged communication between married couples.

Supreme Court Overturns High Court Decision on Secret Recordings

The Supreme Court bench, comprising Justices B V Nagarathna and Satish Chandra Sharma, overturned a previous ruling by the Punjab and Haryana High Court. The High Court had held that such “secret conversations” were protected under Section 122, granting a privilege against their disclosure in court. The Supreme Court’s decision has significant implications for divorce cases moving forward.

Understanding the Implications of Section 122

Section 122 of the Evidence Act addresses communications made during marriage and offers a degree of protection against their disclosure. This ruling clarifies that secretly recorded conversations between spouses are not automatically protected under this section and can be admissible as evidence under specific circumstances.