The Chhattisgarh High Court recently said that recording the mobile phone conversation of a person without the latter’s knowledge amounts to a violation of the right to privacy under Article 21 of the Constitution.

The court was hearing a petition moved by a 38-year-old woman challenging a family court’s order allowing her husband’s application in a maintenance case. The woman had moved an application for a grant of maintenance from her 44-year-old husband at the family court in the Mahasamund district.

The man was trying to prove before the family court through the mobile conversation that his wife was committing adultery and hence he need not have to pay maintenance to her once they are divorced. The family court in an order dated October 21, 2021, allowed the man’s application, following which the woman approached the High Court in 2022 challenging the family court’s order.

On October 5, Chhattisgarh High Court set aside the verdict of the family court. “It appears that the respondent (husband) has recorded the conversation of the petitioner (wife) without her knowledge behind her back which amounts to the violation of her right to privacy and also the right of the petitioner guaranteed under Article 21 of the Constitution of India,” the High Court said.

“Further, the right of privacy is an essential component of the right to life envisaged by Article 21, therefore, in the opinion of this court, the learned family court has committed an error of law in allowing the application under section 311 of the CrPC along with the certificate issued under section 65 of the Indian Evidence Act. Accordingly, the order passed by the learned family court is hereby set aside,” it added.