Garg v. Neha
Supreme Court of India2025 INSC 829Bench: To be verified
Section 122 has two parts - compellability and permissibility. When one spouse not willing to disclose communication, latter cannot be compelled. But if willing to disclose, other spouse's consent required. Rationale was to protect sanctity of marriage, not privacy. Secretly recorded telephonic conversation admissible in matrimonial proceedings. Right to fair trial under Article 21 supports admissibility.