As per case facts the husband filed for divorce alleging cruelty and sought to introduce covertly recorded phone conversations memory cards CD transcripts with his wife as evidence The Family ... Court allowed it but the High Court set aside the order holding that using surreptitiously recorded conversations infringed the wife's right to privacy under Article of the Constitution The question arose whether a covertly recorded conversation between spouses is admissible in a divorce proceeding under the Hindu Marriage Act considering Section of the Evidence Act and the spouse's right to privacy Finally the Supreme Court answered in the affirmative setting aside the High Court's order and restoring the Family Court's decision holding that the exception in Section of the Evidence Act permits disclosure in suits between married persons and that the right to privacy is not an absolute bar against admitting relevant evidence in a trial

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