Fundamental Right Of Privacy Includes Spousal Privacy;Evidence That Was Obtained By Invading The Privacy Of The Partner Was Inadmissible In The court.: Madras High Court

The Madras High Court has observed that the fundamental right of privacy includes spousal privacy. The court noted that the law could not permit or encourage snooping by one spouse on another. The court thus observed that the evidence that was obtained by invading the privacy of the partner was inadmissible in the court.

“Law cannot proceed on the premise that marital misconduct is the norm. It cannot permit or encourage snooping by one spouse on the other. Privacy as a fundamental right includes spousal privacy also and evidence obtained by invading this right is inadmissible,” the court observed.

Justice GR Swaminathan thus came to the rescue of a wife against the order of the Paramakudi Subordinate Court refusing to reject the call records of the wife that was submitted by the Husband during the trial of a marital dispute. The court noted that the husband had stealthily obtained the information pertaining to the call history of his wife and thus had breached the wife's privacy.

The court also observed that the information that was obtained without the wife's consent could not be viewed benignly and it was necessary to lay down that the evidence procured in breach of privacy was not admissible as only that would prevent spouses from surveiling each other.

The court remarked that trust was the bedrock of marital relationships and spouses must have faith and confidence in each other. The court also emphasized that women had their own autonomy and were entitled to expect that their private space is not invaded.

“Trust forms the bedrock of matrimonial relationships. The spouses must have implicit and total faith and confidence in each other. Snooping on the other destroys the fabric of marital life. One cannot pry on the other. Coming specifically to the position of women, it is beyond dispute that they have their own autonomy. They are entitled to expect that their private space is not invaded. The wife may maintain a diary. She may jot down her thoughts and intimate feelings. She has every right to expect that her husband will not read its contents except with her consent. What applies to diary will apply to her mobile phone also,” the court said.

the truth but it could not proceed on the premise that marital misconduct is the norm and allow any snooping by the partner.

Thus, the court allowed the wife's petition and set aside the order of the Magistrate.

Counsel for the Petitioner: Mr. D.Senthil

Counsel for the Respondent: Mr.J.Senthil Kumaraiah, Mr.K.Govindarajan, Deputy Solicitor General of India

Amicus Curiae: Mr.Srinath Sridevan, Senior Counsel

Case Title: R v B

Case No: CRP(MD)No.2362 of 2024