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anupa (student)     06 January 2021

Is it normal?

My client saw a conversation of his wife where her friend says hi

than says how are you

than had shower 

can you please help is it a normal conversation to have with a married women..



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 2 Replies

Samayeta Bal   06 January 2021

Hello,

I can't really help you with regards to whether the conversation is normal or not but it is a case of infringing privacy. There is no such law regarding checking the wife's phone, but when it comes to taking legal recourse, the wife can use this situation to get leverage,

Marriage is a bond of love and trust. This institution has given some inherent rights to each partner but there are situations when this social and legal entity encroaches on the privacy of the partners and then courts have a duty to look into the matter to check how far is this encroachment valid. In Rajalakshmi M. Bhuvaneshwari v. Nagaphomendar Rayala, the husband demanded the phone recordings of his wife with another man to prove her illegal relationship with that man but the wife denied. The court held that neither the husband can demand such a thing nor can he tap her phone as it is violative of her right to privacy and marriage does not give unreasonable privilege to do such an act. In Sharda v Dharmpal, the court opined that the right to privacy has some restrictions and hence in this divorce proceedings, the court stated that it is necessary to submit reports of medical treatment if the same is substantive to the case and it is not violative to the right to privacy of the spouse under Article 21. In Surjit Singh Thind v. Kanwaljit Kaur, the husband wanted to present the virginity test of his wife as she was demanding divorce on the ground of him being impotent. The court rejected the demand of the husband and opined that asking a woman to give her virginity test is violative of her right to live with dignity and also her privacy under Article 21 of the Indian Constitution.

Hope I was able to answer your queries. 

Dr J C Vashista (Advocate)     07 January 2021

It is a subjective topic for debate in your class.


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