Madras HC rules spousal privacy as a fundamental right, disallows evidence obtained through snooping
Chennai: In a landmark judgment, the Madras High Court emphasized the protection of spousal privacy as a fundamental right, ruling that evidence obtained by one spouse snooping on the other is inadmissible in court. This ruling came as Justice G.R. Swaminathan overturned a lower court's decision that had allowed a husband to submit his wife's call records in a marital dispute case.
The court made it clear that privacy, as a constitutionally guaranteed right, includes the privacy of married individuals from each other, rejecting the notion that marital misconduct permits invasion of personal privacy. "Law cannot proceed on the premise that marital misconduct is the norm. Privacy as a fundamental right includes spousal privacy, and evidence obtained by invading this right is inadmissible," stated the court.
The case originated in Paramakudi Subordinate Court, where the husband submitted the wife's call data as evidence to support claims of adultery, cruelty, and desertion. He had obtained these records without her consent, an act the High Court deemed a violation of privacy. Additionally, the call records were not accompanied by a certificate under Section 65B(4) of the Indian Evidence Act, making them procedurally inadmissible.
Justice Swaminathan noted that allowing such evidence would open doors to spouses spying on each other, damaging the foundational trust in marital relationships. “Trust forms the bedrock of matrimonial relationships. The spouses must have implicit and total faith in each other. Snooping destroys the fabric of marital life,” he stated.
The High Court further advised that allegations of misconduct could be pursued through authorized methods, such as interrogatories or affidavits, cautioning that the court must not assume marital misconduct as a norm justifying privacy breaches.
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Nikhil Kumaraswamy gets emotional during election rally, alleges Cong conspiracy in previous defeats
Ramanagara: JDS leader Nikhil Kumaraswamy said that he didn't know what wrong he had done to deserve two consecutive defeats in elections. He didn't know if his bad luck was the result of being the grandson of a former PM and the son of a former CM, he said. He was addressing a campaign rally in Kannamangala near Ramanagara on Thursday.
"I bore the brunt of Congress instigated conspiracy in two consecutive elections. I fell a prey for this conspiracy despite people voting in my favour. I am in a lot of pain. Today, I have competed in this election to respect the wishes of our party workers. Please make this youth win this time", Nikhil Kumaraswamy emotionally appealed to the gathering.
Shedding tears, the young JDS leader said that he was touring across the state to strengthen the party. "I want to connect with the last man in the party. It is very difficult to build a regional party. We are still standing because of your blessings", he added.
Nikhil Kumaraswamy said that Channapattana constituency was of high importance in the state by-elections as it was where his father, H D Kumaraswamy, had competed. "I am visiting each and every village. I make a humble request for your full co-operation and faith. Channapattana has seen a lot of development during the time of Deve Gowdaji and Kumaranna", he stated.
