Vibhor Garg vs Neha on 14 July, 2025
Petition No. 949/2022
decided on 26.04.2022 by High Court of Madhya Pradesh at
Indore Bench; Aasha Lata Soni vs. Durgesh Soni, 2023 SCC
OnLine Chh 3959; Rayala M. Bhuvaneswari vs. Nagaphanender
Rayala, AIR 2008 AP 98; Deepinder Singh Mann vs. Ranjit Kaur,
2014 SCC OnLine P&H 4826; Tripat Deep Singh vs. Paviter Kaur,
2018 (3) RCR (Civil) 71; Neha vs. State of Haryana, 2020 SCC
OnLine P&H 4469; Vishal Kaushik vs. Family Court, 2016(1) RLW
693 (Raj.); Dharmesh Sharma vs. Tanisha Sharma, 2024 SCC
OnLine HP 5208; and Kethana Lokesh vs. Rahul R. Bettakote,
Page 50 of 66
2024 SCC OnLine Kar 6368 decided on 19.06.2024 passed by the
High Court of Karnataka at Bengaluru, the High Courts declined
to permit the conversation recorded by one of the spouses to
corroborate the contention as being in violation of the right to
privacy under Article 21 of the Constitution of India. Hence, it is
necessary to dilate upon the contours of the right to privacy in
the context of Article 21 of the Constitution with reference to the
recent dicta of this Court rendered by Constitution benches.
11.2 In K.S. Puttaswamy (Privacy-9J.) vs. Union of India
reported in (2017) 10 SCC 1, (“Puttaswamy”), Chelameswar
and Bobde JJ. enunciated that the constitutional right to privacy
under Article 21 is limited to the relationship between the citizen
and the State. Bobde J. (as he then was) drew a distinction
between ‘common law rights’ and ‘fundamental rights’ by
observing thus: