Court Affirms Privacy Rights Are Not Absolute, Emphasizes Fair Trial in Family Court Proceedings
In a landmark decision, the Chhattisgarh High Court has upheld the admissibility of electronic evidence, such as mobile recordings and WhatsApp chats, in matrimonial disputes, emphasizing that the right to privacy must yield to the right of a fair trial. The judgment was delivered by Justice Sachin Singh Rajput in the case of Smt. Manjari Tiwari (Dubey) v. Vaibhav Dubey, where the petitioner, Manjari Tiwari, challenged the decision of the Family Court allowing her husband's application to admit electronic evidence in their ongoing divorce proceedings.
The petitioner argued that the evidence was obtained through illegal means, violating her privacy rights under Article 21 of the Constitution. However, the court maintained that, under Sections 14 and 20 of the Family Courts Act, 1984, Family Courts are empowered to admit any evidence deemed necessary for effective dispute resolution, irrespective of its admissibility under the Indian Evidence Act, 1872. Justice Rajput highlighted that the right to privacy, although recognized as a fundamental right following the landmark judgment in K.S. Puttaswamy v. Union of India, is not absolute and can be subject to reasonable restrictions, especially in ensuring a fair trial.
The court also referenced several Supreme Court rulings, including M.C. Verghese v. T.J. Poonan and Vibhor Garg v. Neha, to support the position that evidence obtained through questionable means could still be admissible if it is relevant and necessary for adjudicating the dispute. The judgment underscores that the sanctity of marriage protected under Section 122 of the Evidence Act does not extend to the right to privacy in cases involving matrimonial disputes.
The decision is seen as a significant step in balancing individual privacy rights with the judicial need to ascertain the truth in sensitive family matters, ensuring that justice is served without prejudice.
Bottom Line:
Admissibility of electronic evidence in matrimonial disputes under Family Courts Act, 1984 - Right to privacy is not absolute and must yield to the right of fair trial.
Statutory provision(s):
Family Courts Act, 1984 Sections 14, 20; Evidence Act, 1872 Section 122; Constitution of India, 1950 Article 21; Civil Procedure Code, 1908 Order VII Rule 14.
Smt. Manjari Tiwari (Dubey) v. Vaibhav Dubey, (Chhattisgarh) : Law Finder Doc id # 2853589
