RAKESH MOHAN PANDEY
Aasha Lata Soni W/o Shri Durgesh Soni – Appellant
Versus
Durgesh Soni S/o Shri Chhabilal Soni – Respondent
Certainly. Based on the provided legal document, here are the key legal points:
The recording of conversations without the knowledge or consent of the individual involved constitutes a violation of their right to privacy, which is an essential component of the right to life under Article 21 of the Constitution of India (!) (!) .
The right to privacy extends to telephone conversations and other forms of communication that are of an intimate or confidential nature, and such privacy can only be lawfully infringed upon under procedures established by law (!) (!) .
Recording conversations secretly, without the consent of the person involved, is considered an infringement of privacy rights and is not permissible unless explicitly permitted by law, which in this context, the Court found was not satisfied (!) .
Evidence obtained through illegal or unlawful means, such as secret recording without consent, is inadmissible in court and cannot be used as evidence (!) (!) .
The Court emphasized that rights under Article 21 are fundamental and that any violation, such as unauthorized recording, can lead to the setting aside of orders that rely on such evidence (!) .
The Court clarified that while the right to privacy is not absolute and can be restricted for certain reasons such as prevention of crime or protection of others' rights, such restrictions must follow lawful procedures; otherwise, evidence obtained in violation of privacy rights is inadmissible (!) .
In this case, the respondent’s act of recording the petitioner’s conversation without her knowledge was deemed unlawful, leading to the conclusion that the evidence derived from such recording could not be admitted in court (!) .
The order allowing the application to recall the witness for further cross-examination, based on evidence obtained unlawfully, was found to be legally erroneous and was accordingly set aside (!) .
The petition was allowed, and the order passed by the Family Court permitting the re-examination of the petitioner was reversed to uphold the constitutional right to privacy (!) .
The earlier interim order was vacated, reaffirming the importance of lawful procedures and respecting individual privacy rights in judicial proceedings (!) .
Please let me know if you need further analysis or specific legal advice related to this case.
ORDER ON BOARD
The petitioner has challenged the order dated 21.10.2021 passed by the learned Family Court, Mahasamund, District Mahasamund, Chhattisgarh in Miscellaneous Criminal Case No.F-118/2019, whereby the application filed by respondent under Section 311 of the CrPC to summon the witness for further cross-examination has been allowed.
2. The application under Section 125 of the CrPC was moved by the petitioner for the grant of maintenance and the same is pending before the concerned Family Court since 2019. The petitioner led her evidence, thereafter, the case was fixed for examination of the witnesses and production of documents. Respondent/husband moved an application under Section 311 of the CrPC along with certificate under Section 65-B of the Indian Evidence Act for re-examination of the petitioner on the ground that certain conversation was recorded on the mobile phone and he wants to cross-examine the petitioner confronting with the conversation recorded on the mobile, and the learned trial Court vide order dated 21.10.2021 allowed the said application.
3. Learned counsel for the petitioner would submit that the learned Court below has committed an error of law by all
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