{"id":350932,"date":"2025-06-19T09:00:08","date_gmt":"2025-06-19T03:30:08","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=350932"},"modified":"2025-06-24T17:47:32","modified_gmt":"2025-06-24T12:17:32","slug":"illegally-procured-whatsapp-chat-in-matrimonial-dispute-is-admissible-as-evidence-under-section-14-of-family-courts-act-mp-high-court-scc-times","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/06\/19\/illegally-procured-whatsapp-chat-in-matrimonial-dispute-is-admissible-as-evidence-under-section-14-of-family-courts-act-mp-high-court-scc-times\/","title":{"rendered":"Family Courts can admit WhatsApp chats procured without consent as evidence in matrimonial disputes: MP High Court"},"content":{"rendered":"
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Madhya Pradesh High Court:<\/span> In an appeal against the Family Court\u2019s order permitting the husband, to mark WhatsApp chats procured without wife\u2019s consent through an application installed on her phone, as exhibits in the matrimonial proceedings instituted by him under Section 13<\/a> of the Hindu Marriage Act, 1955<\/a>, a single-judge bench of Ashish Shroti, J.<\/span>, upheld the Family Court\u2019s order to admit the WhatsApp chats as evidence and emphasised that in matrimonial disputes, the relevance of evidence prevails over the means of its procurement.<\/p>\n

The Court laid down safeguards for Family Courts when admitting such evidence \u2014<\/p>\n

    \n
  1. Examine authenticity and genuineness meticulously.<\/li>\n
  2. Conduct in-camera proceedings if evidence is sensitive.<\/li>\n
  3. Maintain decorum and propriety.<\/li>\n
  4. Permit civil or criminal remedies for illegal procurement but hold such evidence admissible, nonetheless.<\/li>\n
  5. \n

    Apply a higher standard of scrutiny for such evidence.<\/p>\n<\/li>\n<\/ol>\n

    Factual Matrix<\/h3>\n

    In the instant matter, the marriage between the petitioner-wife and the respondent-husband, was solemnized on 01-12-2016 in Gwalior according to Hindu rites. A daughter was born from wedlock on 11-10-2017. The husband filed a petition under Section 13<\/a> of the Hindu Marriage Act, 1955<\/a>, seeking dissolution of marriage on the grounds of cruelty and adultery. In his pleadings, he specifically referred to WhatsApp conversations purportedly between the wife and third person, claiming they showed evidence of an extramarital affair. These chats were allegedly auto forwarded to the husband\u2019s phone through a special application installed on the wife\u2019s mobile.<\/p>\n

    During the trial, the husband sought to exhibit these WhatsApp chats as evidence. The wife raised objections and argued that such evidence was obtained illegally, infringing her right to privacy and violating provisions of the Information Technology Act, 2000<\/a>. The Family Court vide order dated 13-04-2023, however, overruled the objections and allowed the evidence to be marked. Aggrieved by the impugned order passed by the Family Court, the wife filed the present petition, challenging the same.<\/p>\n

    Moot Point<\/h3>\n
      \n
    1. Whether WhatsApp chats procured without the consent of the wife through an application installed on her phone is admissible in evidence?<\/li>\n
    2. Whether such evidence, if obtained in breach of privacy, is protected under the law and can be relied upon by the Family Court?<\/li>\n
    3. \n

      What is the scope of Section 14<\/a> of the Family Courts Act, 1984<\/a> in terms of the admissibility of evidence?<\/p>\n<\/li>\n<\/ol>\n

      Parties\u2019 Contentions<\/h3>\n

      The counsel for the wife submitted that the evidence was obtained illegally and without consent, thereby violating her fundamental right to privacy under Article 21. The reliance was placed on Sections 43, 66, and 72 of the Information Technology Act, and it was argued that unauthorised access and disclosure of personal data is illegal.<\/p>\n

      However, the counsel for husband claimed that the WhatsApp chats are relevant to prove the allegation of adultery. It was contended that Section 14 of the Family Courts Act can be invoked, which allows the Family Court to accept any document or information that may assist in resolving the dispute, irrespective of its admissibility under the Indian Evidence Act.<\/p>\n

      Court\u2019s Observations<\/h3>\n