ARE FAMILY COURTS ENTITLED TO RECEIVE EVIDENCE THAT IS COLLECTED IN THE BREACH OF PRIVACY?

In One of the Case of DEEPTI KAPUR VS.KUNAL JULKA it was held in Delhi High Court that even if the evidence is collected in breach privacy that can be received under Section 14 of Family court act.

This Decision was passed by the Bench of the Single Judge Anup J Bhambhani.

Husband(Respondent of the case) filed the petition in the family court for dissolution of his marriage on the grounds of cruelty.

During the proceedings the Respondent submitted the audio-video recording of the Petitioner(His Wife)in  which she was talking to her lady friend on cruelty. 

The evidence comprised in the CD was collected in breach of the wife’s fundamental right to privacy, the same is not admissible in a court of law as the recording is per se illegal.

“Marriage is a relationship to which sanctity is still attached in our society. Merely because rules of evidence favour a liberal approach for admitting evidence in court in aid of dispensation of justice, this should not be taken as approval for everyone to adopt any illegal means to collect evidence, especially in relationships of confidence such as marriage..while law must trump sentiment, a salutary rule of evidence or a beneficent statutory provision, must not be taken as a license for illegal collection of evidence.”

There was no infirmity found so the petition was disposed of.