The Madhya Pradesh High Court ruled that family courts can admit WhatsApp chats as valid evidence in matrimonial disputes, even if collected without consent. The judgment highlights that the right to a fair trial may override the right to privacy.
Thank you for reading this post, don't forget to subscribe!
JABALPUR: The Madhya Pradesh High Court clearly said that even if personal chats like WhatsApp messages are taken without permission, they can still be used as evidence in cases related to marriage disputes.
This ruling was made by Justice Ashish Shroti, who allowed a husband to submit his wife’s WhatsApp chats to show proof of her alleged extra-marital affair.
ALSO READ: Cheque Bounce Cases: New Supreme Court Guidelines
The High Court explained that if such evidence is not allowed only because it breaks privacy rules, then-
“Section 14 of the Family Court Act would be rendered nugatory and dead letter”.
The judge added that Section 14 permits invasion into the right to privacy.
The Court stated,
“It is to be borne in mind that Family Courts have been established to deal with matters that are essentially sensitive, personal disputes relating to dissolution of marriage, restitution of conjugal rights, legitimacy of children, guardianship, custody, and access to minors; which matters, by the very nature of the relationship from which they arise, involve issues that are private, personal and involve intimacies. It is easily foreseeable therefore, that in most cases that come before the Family Court, the evidence sought to be marshalled would relate to the private affairs of the litigating parties”.
This means that since family matters are personal by nature, the courts often need to see private details to decide the case. Section 14 of the Family Courts Act allows the court to accept such evidence even if it would not be allowed in regular courts under the Indian Evidence Act.
The High Court also said that when it comes to having a fair trial and getting justice,
“Evidence be received if it is relevant, regardless of how it is collected”.
The Court made it clear that no fundamental right in the Indian Constitution is absolute.
So if there is a clash between fair trial and privacy, then
“The right to privacy may have to yield”.
The judge strongly stated,
“While a litigating party certainly has a right to privacy, that right must yield to the right of an opposing party to bring evidence it considers relevant to court, to prove its case. It is a settled concept of fair trial that a litigating party gets a fair chance to bring relevant evidence before court. It is important to appreciate that while the right to privacy is essentially a personal right, the right to fair trial has wider ramifications and impacts public justice, which is a larger cause”.
The Court added that public justice would be harmed if courts start rejecting important evidence just because of how it was obtained.
The judge said,
“Saying otherwise, would negate the specific statutory provision contained in Section 14 of Family Courts Act, which says that evidence would be admissible, whether or not the same is otherwise admissible under Evidence Act”.
This decision came in response to a petition by a woman who objected to her husband using her WhatsApp chats as proof of adultery in their divorce case. She said that her husband secretly installed an app on her phone, which copied all her chats and sent them to him. She argued that this act was done without her knowledge and broke her privacy rights, so such chats should not be used in court.
But the High Court rejected her argument and said that even if the chats were collected secretly, they can still be considered. The court upheld the earlier decision of the family court.
Still, the High Court also gave some important safeguards that must be followed by family courts when using such private evidence:
- The court must be very careful and check the truth and genuineness of such evidence before using it for judgment.
- If the evidence is too sensitive or personal, the court can limit who is allowed to be present during its discussion. The court can also have in-camera (private) hearings to avoid embarrassment.
- All proceedings must follow proper manners and decency, and no party should misuse the chance to present evidence to create drama or make a scene.
- Any person who is not happy with how the evidence was taken can still file a civil or criminal case against the one who collected it. But even if such a case is going on, it will not stop the Family Court from using that evidence in the case.
In this case, the wife was represented by Advocate Shubhendu Singh Chauhan, and the husband was represented by Advocate Sankalp Sharma.
CASE TITLE:
X vs Y
Would You Like Assistance In Drafting A Legal Notice Or Complaint?
CLICK HERE
Click Here to Read Our Reports on WhatsApp
Click Here to Read Our Reports on Matrimonial Disputes
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
