New Delhi: Punjab and Haryana High Court recently observed that recording telephonic conversation with the wife without her knowledge is an infringement of her privacy and the same cannot be presented in a court of law as evidence.
The Bench led by Justice Lisa Gill made the observation while hearing the plea of a woman against a Family Court’s order allowing her husband to prove telephonic conversation between them in a divorce suit.
According to the plea, the Family Court had allowed the husband to prove his allegations of cruelty against the wife. The HC Bench, however, called it a clear breach of the fundamental right of the wife.
The Court while setting aside the Family Court’s order stated “it cannot be ignored that acceptance of the CD in question shall amount to a clear breach of the fundamental right of the petitioner-wife i.e., her right to privacy has been upheld in various judicial pronouncements.”
Filing a petition before High Court, the petitioner-woman/wife submitted that there is a dispute going on between her and her husband and her husband has filed a suit seeking a divorce before the Bathinda's family court in the year 2017.
In the case proceedings, she further averred in her plea, her husband sought to produce the recording of his telephonic conversation with the petitioner/wife as evidence and he was allowed to prove the same by the Family Court.
At the outset, the Court opined that even if it is accepted that the general averments in the petition regarding cruelty would be proved by the evidence sought to be produced, the CDs in question cannot be permitted in evidence.
Moreover, the Court added, the court would be ill-equipped to assess the circumstances in which a particular response may have been elicited from a spouse at a given point of time, notwithstanding the right of cross-examination.
Concludingly, the Court allowed the plea of the wife and set aside the order of the Family Court, as it noted thus:
"…acceptance of the CD by the learned Family Court allegedly containing conversations between the husband and wife recorded surreptitiously without the consent or knowledge of the wife and allowing the husband's application is unjustified."
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Barcelona (AP): Real Madrid slapped players Federico Valverde and Aurélien Tchouaméni with half-a-million-euro ($588,000) fines on Friday for their altercation during practice.
The massive fines came a day after the midfielders tussled when the team trained. Valverde said in a post on social media on Thursday that no punches were thrown. But Valverde knocked his head on a table and he suffered a small cut that required a brief hospital visit.
On social media, Valverde initially called it a “meaningless fight” with a teammate and said “everything has been blown out of proportion."
His employers, however, considered it a significant enough breach of team discipline to nail both Valverde and Tchouaméni with fines that bite even the bank account of a top soccer player. The half-a-million euro penalties reflect the reputational damage the club was enduring in a chaotic end to a disappointing season.
In a statement, the 15-time European champion said its disciplinary action was concluded after both players expressed to the club “their complete remorse for what happened and apologized to one another.”
Madrid added they also apologized to their teammates, the coaching staff and club supporters, as well as showing their willingness to accept whatever disciplinary action the club deemed “opportune.”
Tchouaméni was back training with Madrid on Friday, two days before they play at Barcelona in a clasico. Madrid has to win otherwise Barcelona will be crowned La Liga champion.
After being notified of the fine, he posted a public apology to the club and its fans on social media.
“What happened this week in training is unacceptable,” Tchouaméni wrote. "I say this while thinking about the example we are expected to set for young people, whether in football or at school.
“Above all, I am sorry for the image we projected of the club.”
Valverde was not at practice due to the head knock.
Both players are set to play in the World Cup next month, with Tchouaméni playing for France and Valverde for Uruguay.
Chaotic end to a poor season
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The run-in between the players, who for seasons have played side by side in Madrid's midfield, came after they argued this week in previous training sessions. But tempers boiled over on Thursday. Spanish media was rife with reports that the players previously disagreed over the club's decision to let coach Xabi Alonso go after just months on the job.
It was not the only altercation involving Madrid players during training this week. Álvaro Carreras confirmed he was in a “minor” incident with a teammate. Spanish media said he and fellow defender Antonio Rüdiger got into a scuffle.
Álvaro Arbeloa, the coach who was promoted from Madrid's reserve team when Alonso was fired in January, will face tough questions on what went wrong inside the changing room when he gives a press conference on Saturday ahead of the clasico at Camp Nou.
Madrid is facing a second consecutive campaign without a major trophy amid rumors in the Spanish media that club president Florentino Pérez is considering bringing back Jose Mourinho to straighten out his underperforming team.
