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Spousal privacy is fundamental right, evidence obtained inadmissible :HC

Privacy Violation: The judge ruled that obtaining a spouse’s private information (such as call records) without consent is breach of privacy rights.

Admissibility of Evidence: Evidence obtained by invading a spouse’s privacy is inadmissible in court.

Case Background: A woman filed a petition against her husband who had secretly obtained her call records from a mobile operator in a divorce case.

Judicial Ruling: The judge emphasized that spousal privacy is a fundamental right and cannot be violated through surveillance

Husband’s Actions: The husband accessed the wife’s mobile and contacted the service provider to obtain her call records without her knowledge.

Privacy Breach: The judge noted that the husband had secret control over her phone and violated her privacy by downloading the call history from the service provider’s website.

Alternative Evidence: The judge clarified that marital misconduct can be proven by other means, such as interrogatories, and not illicit evidence.

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