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Delhi HC to decide upon the family courts power in appreciating evidence collected in breach of privacy
Delhi HC in the matter Deepti Kapur versus Kunal Julka upheld the impugned order passed by the family court which stated " In a contest between the right to privacy and right to fair trial, the right to privacy may have to yield to the right to the fair trail".
Factual Background
The respondent- husband had filed a petition before the family court for dissolution of marriage on the ground of cruelty under section 13(1)(ia) of the Hindu Marriage Act, 1955. In the course he also filed a compact disc (CD) alleged to contain an audio-video recording of his wife conversing with her female friend about the husband's family which he allege was cruel and defamatory.
Petitioner wife in return opposed the submissions made by her husband stating the audio was tampered and the recording was violating her fundamental right to privacy since the act was committed without her knowledge or consent.
Thereby family court directed forensic science laboratory to examine the genuine and authenticity of the CD.
Aggrieved petitioner moved the high court under A227 of the constitution.
Before the High court petitioner argued - " In justice KS Puttaswamy Judgment, the fundamental right to privacy was available against the actions against the state and non state entities too" for which respondent argued, right to privacy mentioned under Art 21 is not an absolute right by itself but is subject to exceptions and other laws. Hence the right to privacy must act like channel to bring evidence to adjudicate the case.
".... although today, privacy is recognized as a fundamental right, that alone wouldn't make evidence inadmissible. Much-less it would negate the statutory dispensation under section 14 of the family courts Act... while the right to privacy is essentially a personal right, but the right to fair trial has wider ramifications and impacts public justice, which is a larger cause" said the court.
Therefore court upheld the family court order by announcing one test to conduct to make the evidence admissible before the court of law said ".. therefore, the only criterion under section 14 for the family court is its subjective satisfaction that evidence would assist it to deal effectually with the dispute".
