TaxTMI 
TaxTMI 
2023 (10) TMI 1589
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....e 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 c....
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....erefore, the piece of the evidence is necessary for just decision of the case. 7) The Hon'ble Supreme Court in the matter of R.M. Malkani (supra) in para-30 held as under:- "30. There is no scope for holding that the appellant was made to incriminate himself. At the time of the conversation there was no case against the appellant. He was not compelled to speak or confess. Article 21 was invoked by submitting that the privacy of the appellants conversation was invaded. Article 21 contemplates procedure established by law with regard to deprivation of life or personal liberty. The telephonic conversation of an innocent citizen will be protected by Courts against wrongful or high handed interference by tapping the conversation. The....
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....s, infract Article 21 of the Constitution of India unless it is permitted under the procedure established by law." 9) Thereafter, the Hon'ble Supreme Court in the matter of Mr. 'X' (supra), held in para 27 and 28 as under:- "27. Right of Privacy may, apart from contract, also arise out of a particular specific relationship which may be commercial, matrimonial, or even political. As already discussed above, doctor-patient relationship, though basically commercial, is, professionally, a matter of confidence and, therefore, doctors are morally and ethically bound to maintain confidentiality. In such a situation, public disclosure of even true private facts may amount to an invasion of the right of privacy which may sometimes lead t....
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.... also penalty under section 72 of the Information Technology Act and it could not be used as instrument to create evidence of such nature. The cases cited by the Counsel for the respondent are not applicable in the present context and are of no use to the respondent. 7. I find that to say anything beyond the aforesaid would affect the merits of the case and hence it is held that impugned orders dated 10.07.2014 are contrary to the provisions of law and are hereby setaside. The trial Court, however, may continue in accordance with the provisions of law. The tapes, however, cannot be admitted in evidence but it may be kept on record." 11) Now coming to the facts of the present case in the light of aforesaid discussed judgments, it....