The High Court has made significant comments regarding mobile call recordings, emphasizing that recording phone conversations without the consent of the involved parties violates their “right to privacy” under Article 21 of the Constitution.
Bilaspur: The Chhattisgarh High Court has made a substantial statement concerning mobile call recordings. The court has stated that recording phone conversations on a mobile phone without the consent of the parties involved is a violation of their “right to privacy” under Article 21 of the Constitution. Advocate Vaibhav A. Govardhan explained on Saturday that a division bench of the Chhattisgarh High Court stated that recording phone conversations without the consent of the parties involved violates their “right to privacy” under Article 21 of the Constitution.
Here’s the situation:
In a case involving a maintenance allowance, the Chhattisgarh High Court canceled an order of the Mahasamund Family Court, which allowed the use of mobile phone call recordings as evidence. Advocate Govardhan explained that the petitioner (wife) had filed an application under Section 125 of the Code of Criminal Procedure (CrPC) to provide maintenance allowance, which has been pending before the Mahasamund Family Court since 2019.
Govardhan explained that the petitioner presented evidence in the form of call records in the trial court. On the other hand, the respondent (husband) opposed the grant of a maintenance allowance to the petitioner (wife) based on doubts about her character. He filed an application before the Family Court, Mahasamund, saying that the conversation of the petitioner (wife) was recorded on his mobile phone.
The respondent (husband) wants to produce the recorded conversation in court to substantiate the allegations against the petitioner. The court accepted this application and granted permission. Govardhan stated that the petitioner moved the high court, stating that she is aggrieved by the order of October 21, 2021, and prayed for its cancellation.
She argued that the order violates her right to privacy. She claimed that the conversation was recorded on the mobile phone without her knowledge, so it cannot be used against her. The counsel for the respondent contended that the respondent (husband) has the right to present the recorded conversation to prove the allegations against the petitioner. The high court’s single bench, after hearing the matter on October 5, 2023, has canceled the order of October 21, 2021, passed by the Family Court, Mahasamund. The court has held that recording phone conversations without the consent of the parties involved violates their “right to privacy” under Article 21 of the Constitution.
