Aasha Lata Soni (Petitioner) Vs. Durgesh Soni (Respondent)
CRMP No. 2112 of 2022
(Hon’ble Shri Justice Rakesh Mohan Pandey)
Facts: The petitioner has challenged the order dated 21.10.2021 passed by the learned Family Court, Mahasamund, District Mahasamund, Chhattisgarh in Miscellaneous Criminal Case No.F-118/2019, whereby the application filed by respondent under Section 311 of the CrPC to summon the witness for further cross-examination has been allowed. In the proceeding under Section 125 of the CrPC after examination of the petitioner, an application moved by the respondent under Section 311 of the CrPC for re-examination of the petitioner/wife was allowed by the learned Family Court on the ground that certain conversation was recorded by the respondent on his mobile and he wants to prove the same against the petitioner, therefore, the piece of the evidence is necessary for just decision of the case.
Issue: Whether the recording of conversation by husband of wife without her knowledge amounts to violation of her right to privacy right under Article 21 of the Constitution of India?
Arguments on behalf of counsel for petitioner: Mr. Vaibhav A. Goverdhan, Advocate
Learned counsel for the petitioner would submit that the learned Court below has committed an error of law by allowing the application as it infringes the right of privacy of the petitioner and without her knowledge conversation was recorded by respondent and the same cannot be used against her. He has placed reliance on the judgments passed by the Hon’ble Supreme Court in the matters of R. M. Malkani v. State of Maharashtra reported in AIR 1973 SC 157 and Mr. ‘X’ v. Hospital ‘Z’ reported in AIR 1999 SC 495, and the judgment passed by the High Court of Madhya Pradesh in the matter of Anurima alias Abha Mehta v. Sunil Mehta reported in AIR 2016 Madhya Pradesh 112.
Arguments on behalf of counsel for respondent: Mr. T. K. Jha, Advocate
Learned counsel for the respondent would submit that respondent/husband wanted to produce certain evidence to prove some allegations against the petitioner. He has the right to confront the petitioner with the conversation which was recorded on his mobile phone. He would further submit that learned Family Court has rightly allowed the application.
Held: The court allowed the present appeal and held that, “it appears that the respondent has recorded the conversation of the without her knowledge behind her back which amounts to violation of her right to privacy and also the right of the petitioner guaranteed under Article 21 of the Constitution of India. Further, the Right of Privacy is an essential component of right to life envisaged by Article 21 of the Constitution, therefore, in the opinion of this Court, the learned Family Court has committed an error of law in allowing the application under Section 311 of the CrPC along with the certificate issued under Section 65 of the Indian Evidence Act. Accordingly, the order passed by the learned Family Court on 21.10.2021 in Case No. F118/2019 is hereby set-aside.”
