WhatsApp chats can be admitted as evidence in divorce cases: MP High Court
Gwalior: In a significant ruling that redefines digital privacy boundaries in matrimonial disputes, the Madhya Pradesh High Court’s Gwalior Bench has upheld that WhatsApp chats, even if procured without consent, can be admitted as evidence in family court proceedings. The ruling came from Justice Ashish Shroti in the case X vs Y (M.P. No. 3395/2023), pronounced on June 16, 2025.
The case at a glance
The matter pertained to a divorce suit filed under Section 13 of the Hindu Marriage Act, 1955. The husband alleged cruelty and adultery by the wife and submitted WhatsApp chat records as evidence—collected through an auto-forwarding application installed on the wife’s phone. The wife challenged the admissibility of this evidence, citing breach of privacy.
However, the Family Court permitted the chats to be marked as exhibits, a decision that was challenged before the High Court.
Right to privacy vs right to fair trial
Justice Shroti clarified that while the right to privacy under Article 21 of the Constitution is fundamental, it is not absolute. Referring to the KS Puttaswamy v. Union of India judgment and Sahara India Real Estate Corporation Ltd v. SEBI, the Court stated that the right to a fair trial must prevail when in conflict with privacy concerns.
Quoting precedent, the Court observed, “A document procured by improper or illegal means is not inadmissible, provided its relevance and authenticity are proven.”
Section 14 of Family Courts Act: Wider scope of evidence
The judgment highlighted the special status of Section 14 of the Family Courts Act, 1984, which allows courts to admit evidence beyond the strict purview of the Indian Evidence Act. The intent is to provide justice in family disputes, even if the evidence presented would be otherwise inadmissible in a criminal court.
The Court laid down five key safeguards for handling such sensitive evidence:
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Cautious scrutiny of authenticity and genuineness
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Option for in-camera proceedings for sensitive material
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Maintenance of decency and decorum
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Right of the opposing party to challenge the evidence
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Liability for illegal evidence collection not absolved by court admission
Not an endorsement of illegal data collection
Importantly, the judgment does not condone unlawful surveillance or privacy invasion. The Court clarified that the person who collects evidence improperly may still face civil or criminal liability. However, the relevance and fairness of the trial supersede the method of evidence procurement in family matters.
A precedent with national implications
Legal experts believe this judgment could have wide-ranging implications for matrimonial disputes in India, especially in an era where digital communication plays a crucial role in relationships and their breakdowns.