Introduction
In a landmark ruling that reshapes the admissibility of evidence
in matrimonial disputes, the Supreme Court of India in Vibhor Garg
v. Neha1, has held that a secretly recorded telephonic
conversation by one spouse is admissible in evidence in matrimonial
proceedings such as divorce. The Court ruled that such recordings
are not barred by spousal privilege under Section 122 of the Indian
Evidence Act, 1872, particularly when the dispute is between the
spouses themselves.
Background of the Case
The case arose from a matrimonial dispute between the
appellant-husband and the respondent-wife, wherein the husband
sought to introduce audio recordings of private telephonic
conversations with his wife as evidence of cruelty in a divorce
proceeding. The Family Court allowed the evidence, holding it
relevant under Section 14 of the Family Courts Act, 1984. However,
the High Court of Punjab and Haryana reversed this, citing
violation of the wife's right to
