HC says WhatsApp chats, call recordings admissible in matrimonial disputes; privacy not absolute

RAIPUR: In a significant ruling, the Chhattisgarh high court has held that WhatsApp chats and call recordings can be considered as evidence in matrimonial disputes, observing that even illegally obtained material is admissible if it is relevant and genuine. The court further clarified that a Family Court may receive any material that aids effective adjudication — even if it is otherwise inadmissible under the Evidence Act — and that the right to privacy cannot be invoked to exclude crucial evidence in matrimonial cases.

The HC on February 11 dismissed a petition filed by a woman challenging the Raipur family court order that allowed her husband to submit mobile recordings and WhatsApp chats as evidence in their ongoing divorce proceedings. Justice Sachin Singh Rajput held that the right to privacy is not absolute and must yield to the right of a fair trial in matrimonial disputes.

The respondent, husband, had filed for divorce under the Hindu Marriage Act, 1955. During the trial at the Raipur family court, the husband sought to bring on record electronic evidence, including conversations and WhatsApp messages involving the wife and her relatives.

The wife objected, alleging that the husband had hacked her phone and obtained the data through illegal means, thereby violating her fundamental right to privacy under Article 21 of the Constitution. However, the family court allowed the husband’s application on 12 December 2024, prompting the wife to approach the High Court.

The HC examined the interplay between the right to privacy and the provisions of the Family Courts Act, 1984. Justice Rajput noted that Section 14 of the Act grants family courts the power to receive any evidence or document that assists in resolving a dispute effectively, regardless of whether it is admissible under the Indian Evidence Act.

While the right to privacy is a fundamental right, it is subject to reasonable restrictions. In legal battles, a party must have a fair chance to present relevant evidence, the court observed.

The cause of justice would suffer if evidence is shut out at the threshold. The court held that the "test of admissibility" in such cases is primarily the relevance of the information.

The court clarified that Section 14 of the Family Courts Act is a special legislation designed to dilute strict evidentiary principles to handle sensitive personal disputes like marriage dissolution.

The Court further cited recent Supreme Court precedents, including the Vibhor Garg v. Neha (2025) case, to underline that spousal communications in suits between a married couple do not enjoy absolute privilege when they are essential for adjudication.

Finding no illegality in the Family Court’s decision, the HC affirmed the order and dismissed the wife’s petition. The court stated that the husband still bears the burden of proving the authenticity of these electronic documents during the trial.Get the latest lifestyle updates on Times of India, along with Valentine's day wishes, messages and quotes !