The High Court upheld the WhatsApp chat and call recordings and dismissed the woman’s petition.

Bilaspur. The Chhattisgarh High Court has issued an important ruling regarding the admissibility of electronic evidence in matrimonial disputes. The court clarified that the family court has the exclusive authority to admit as evidence even documents or materials that are not generally admissible under the Evidence Act, for the effective resolution of the dispute. The court dismissed the wife’s petition.

A Raipur resident had filed a divorce petition against his wife in the family court. The husband requested the court to record her WhatsApp chats and call recordings with other people. The wife opposed this, alleging that the husband had illegally obtained this material by hacking her mobile phone, thereby violating her right to privacy. The family court accepted the husband’s petition, which the wife challenged in the High Court.

During the hearing, Justice Sachin Singh Rajput, a single judge, stated that the right to privacy guaranteed under Article 21 of the Constitution is not absolute. The right to a fair trial is linked to public justice and can sometimes trump personal privacy. The court remarked that withholding relevant evidence solely on the grounds of privacy defeats the very purpose of establishing a Family Court. The High Court clarified that Section 14 of the Family Court Act empowers the Family Court to admit as evidence any material that may be helpful in resolving a dispute. Citing previous Supreme Court decisions, the court stated that if evidence is relevant, it cannot be rejected merely on the basis of the method of obtaining it.

The court also stated that the court has an obligation to balance the interests of both parties. If the husband wishes to present relevant evidence to substantiate his claim, he should be given that opportunity. Considering all these aspects, the High Court dismissed the wife’s petition and upheld the Family Court’s order.