VIBHOR GARG Vs Neha
The apex court said the fact that spouses are recording their conversations of each other is proof in itself that their marriage is not going strong and hence can be used in the judicial proceedings
The Supreme Court on Monday (July 14, 2025) held that secretly recorded conversations of spouses are admissible as evidence in matrimonial cases, saying the fact that spouses are snooping on each other is proof that the marriage is not going strong and hence can be used in judicial proceedings.
A bench comprising Justice B.V. Nagarathna and Satish Chandra Sharma set aside a verdict of the Punjab and Haryana High Court in a case. The high court had held that the secret conversations between spouses are protected under Section 122 of the Evidence Act and cannot be used in judicial proceedings.
Setting aside the high court order, the bench restored the trial court order and said recorded conversations can be taken note of during the matrimonial proceedings.
It asked the family court to proceed with the case after taking judicial note of the recorded conversations.
The apex court said the fact that spouses are recording their conversations of each other is proof in itself that their marriage is not going strong and hence can be used in the judicial proceedings.