Legal Information by Sewadar Sunny Sachdeva
Legal Information by Sewadar Sunny Sachdeva
June 18, 2025 at 01:01 AM
“Since no fundamental right under our Constitution is absolute, in the event of conflict between two fundamental rights, as in this case, a contest between the right to privacy and the right to fair trial, both of which arise under Article 21 of our Constitution, the right to privacy may have to yield to the right to fair trial…the Legislature, being fully aware of the principals of admissibility of evidence, has enacted Section 14 in order to expand that principle in so far as disputes relating to marriage and family affairs are concerned. The Family Court is thereby freed of restrictions of the strict law of evidence. The only test under Section 14 for a Family Court to receive the evidence, whether collected legitimately or otherwise, is based upon its subjective satisfaction that the evidence would assist it to deal effectually with the dispute.” https://www.livelaw.in/high-court/madhya-pradesh-high-court/husband-sneaks-wifes-whatsapp-chat-extramarital-affair-adultery-right-to-privacy-fair-trial-295112

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