Evidence -- Recording of Spousal Conversation Without Consent -- Not admissible in matrimonial proceedings
(i) Constitution of India, 1950, Art.21 -- Evidence -- Recording of Spousal Conversation Without Consent -- Secret recording of telephone conversations of a spouse without consent amounts to a breach of the right to privacy. Such recordings cannot be admitted in evidence in matrimonial proceedings in the absence of consent of the other party. (ii) Evidence -- Electronic Records -- Must bear nexus with issues in dispute for admissibility (iii) Evidence Act, 1872, S.65-B -- Evidence -- Electronic Records -- Documents sought to be produced as electronic evidence must bear a clear nexus with the issues in dispute. Mere availability of a document in electronic form does not by itself entitle its admission into evidence.
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