Covert Voice Recording in Matrimonial Disputes Does Not Infringe Privacy?
by K.P. Hemanth Kumar* and K.P. Pramodh Kumar**
matrimonial disputes
Supreme Court emphasises on caution and consideration of pragmatic realities by courts while dealing with matrimonial cases
“The Court explained that mere general allegations of harassment and cruelty without pointing out the specific details would not be sufficient to continue criminal proceedings against any person”.
Supreme Court July 2025 | Stories & Judgments on Electoral Roll revision; Recorded spousal conversations; Tribal woman’s right to ancestral property and more
Stay informed on the latest Supreme Court judgments of July 2025 on Bihar’s Electoral Roll revision, recording of spousal conversations; Tribal woman’s rights over ancestral property; Guidelines on collection of DNA evidence and mental health of college students. Explore notable rulings shaping the legal landscape.
Privacy vs. Evidence: Supreme Court allows secretly recorded spousal conversations as admissible evidence in matrimonial disputes
“Spousal communications were deemed privileged under Section 122 of Evidence Act for the purpose of protecting the sanctity of the marital relationship, and not for safeguarding individual privacy rights.”
Supreme Court acquits husband in 498A IPC case, expresses concern over misuse of dowry and cruelty provisions
The term “cruelty” is subject to rather cruel misuse by the parties, and cannot be established simpliciter without specific instances, to say the least. The tendency of roping these sections, without mentioning any specific dates, time or incident, weakens the case of the prosecutions, and casts serious suspicion on the viability of the version of a Complainant.
‘Child’s interest is of paramount consideration in matrimonial/guardianship dispute’; Delhi HC directs school to issue minor’s TC denied due to father’s objection
The Court stated that the school cannot deny the issuance of TC to the child, who has sought admission in other school. In the event of delay in issuance of TC, even a disciplinary action can be taken against the Headmaster or In-Charge of the school.
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A quick legal roundup to cover important stories from all High Courts this week.
‘Proxy litigation in India to satisfy personal spite cannot be allowed, when disputes are settled abroad’: P&H HC highlights disturbing trend in matrimonial disputes by foreign nationals
The Court stated that it is baffling that FIR propped up in India, especially considering that the wife has never pursued any criminal complaint against the petitioners in India or in Australia in eight years of marriage.
Supreme Court quashes false dowry case; highlights growing misuse of Section 498A IPC against husband and his family for personal vendetta
“Making vague and generalised allegations during matrimonial conflicts, if not scrutinized, will lead to the misuse of legal processes and an encouragement for use of arm-twisting tactics by a wife and/or her family.”
Lists of gifts exchanged during marriage should be maintained to avoid allegations of dowry: Allahabad High Court issues directions
Allahabad High Court directed the Chief Secretary of UP to confirm whether Dowry Prohibition Officers had been appointed as required by law, in the absence of which the State Government was directed to justify such non-compliance
Husband put on higher degree than wife is unacceptable; Calcutta High Court grants restitution of conjugal rights to wife
“It is a collective duty of both husband and wife to wither the trivial issues which are normal in a matrimonial life and mutual respect to the decision of each other appears to be the hallmark of the society. Even the Constitution recognises equality in gender and, therefore, the husband to be put on higher degree than that of the wife is unacceptable.”
Delhi High Court refuses divorce to husband on displaying constant reluctance towards reconciliation
Unfortunate are the matrimonial disputes where the fountain head of friction inter se the spouses is mere lack of adjustment, understanding and the will to stay together. These factors are the wheels of the chariot of a workable marriage and if either spouse becomes averse to move together and chooses to abandon the relationship, then extensive reconciliatory efforts by one spouse, would also not yield any results.
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Rajasthan HC directs its Registry and Family Courts to respect privacy of parties in matrimonial disputes by ensuring their identities are not disclosed
“To create life and give birth to the child is the God gifted power that lies with the mother. But here is a situation where her own creations or sons are not interested to even meet her, let alone live together.”
Explained | Supreme Court Judgment on child custody to father when the child was averse even to see his mother
Supreme Court viewed that the child being aged 12 years and 9 months old, was in a position to take decisions.
Bombay High Court allows transfer of divorce case for diabetic wife required to travel 468 Km
The Court also acknowledged the husband’s difficulty taking leave every now and then and allowed him to appear through video conferencing for the days when his physical presence is not required.
“Matrimonial causes should be disposed of expeditiously on a war footing”: Karnataka High Court
The courts should make all efforts to try and dispose of matrimonial matters within 1 year so that in the event of granting such a decree, the parties may re-structure their lives.
J&K and Ladakh HC | To prevent the “frittering away of the fruits of compromise” HC can quash proceedings for non-compoundable offences if parties have arrived at a settlement
Jammu and Kashmir and Ladakh High Court: While deciding the instant petition wherein the Court was faced with the issue
‘Respect each other. Your children are watching you very closely’; Supreme Court advices parents in custody battle
Supreme Court: The bench of AM Khanwilkar and JB Pardiwala*, JJ, in a matter relating to custody of two minor children, has
Can FIR/ complaint in non compoundable offences pertaining to matrimonial disputes be quashed? HP HC lays down under what circumstances
Himachal Pradesh High Court: Chander Bhusan Barowalia J. disposed of the petition and quashed the FIR/complaint. The facts of the case are