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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Sujit Nair raises concerns over speculation of DMK-AIADMK understanding to block TVK
Chennai: Journalist and political commentator Sujit Nair has expressed concern over speculation that the Dravida Munnetra Kazhagam and the All India Anna Dravida Munnetra Kazhagam could explore a post-poll understanding to prevent Vijay-led Tamilaga Vettri Kazhagam from forming the government in Tamil Nadu.
In a social media post, Sujit Nair said the election verdict in Tamil Nadu reflected a clear public demand for political change and argued that the mandate should be respected irrespective of political preferences.
Referring to reports and political discussions surrounding a possible understanding between the DMK and AIADMK, he said he hoped such developments remained only speculative conversations and did not turn into reality.
Nair stated that if such an alliance were to take shape, it would raise serious questions about ideological politics in the country. He said TVK had emerged through a democratic electoral process and that the legitimacy to govern in a parliamentary democracy comes from the people’s verdict.
According to him, attempts to prevent an electoral winner from forming the government through unexpected political arrangements may be constitutionally valid, but many people could view them as politically opportunistic.
He further said that such a move could particularly affect the political image of the DMK, which has historically projected itself around ideology, social justice and opposition politics. Nair said that in ideological terms, the DMK appeared closer to TVK than to the AIADMK, and joining hands with its long-time political rival only to remain in power could weaken its broader political narrative.
He added that the same questions would apply to the AIADMK as well, as the party had spent decades positioning itself against the DMK and such an arrangement could create discomfort among its cadre and supporters.
Drawing a comparison with Maharashtra politics in 2019, Nair said he had expressed similar views when the Shiv Sena formed an alliance with the Indian National Congress and the Nationalist Congress Party after the Assembly elections.
He said post-poll alliances between long-standing political rivals often create a public perception that ideology and electoral mandates become secondary when political power equations come into play.
Nair also said such developments increase public cynicism towards politics and reinforce the belief among voters that ideology is often sidelined after elections.
He maintained that the Tamil Nadu verdict was emphatic and said respecting both the spirit and substance of the mandate was important for the credibility of democratic politics.
