Gwalior
The Madhya Pradesh High Court has given an important verdict. The court has said that the conversation between husband and wife on WhatsApp can be used as evidence in family matters. Even if this conversation has been achieved without the will of any partner. Justice Ashish Shroti gave this decision on the petition of a woman. The woman challenged an order of the Family Court. The family court allowed the woman’s husband to present WhatsApp chat in the divorce case. The court said that any evidence can be considered as any evidence to resolve family matters, even if it is not valid under the Indian Evidence Act.
This is the case
This case is related to a husband and wife. They were married in December 2016 and had a daughter in October 2017. The husband later applied for divorce. He alleged that the wife cruel her and had a relationship with someone else. To prove his allegations, the husband presented WhatsApp messages. He told that he had taken these messages through a hidden application in his wife’s phone. These chats seemed that the wife had an affair with someone else.
Wife had filed a petition
In response, the wife filed a petition under Section 9 of the Hindu Marriage Act. She said that she wants to live with her husband. He also objected to the use of WhatsApp chat. The wife said that this chat is a violation of her privacy, which she got under Article 21. He also said that this is also a violation of the Information Technology Act. The wife’s lawyer cited some old decisions, in which the court refused to accept the illegally acquired personal communication as evidence.
Wife’s objections rejected
But the High Court rejected the wife’s objections. The court said that under Section 14 of the Family Court Act, 1984, the court can accept any material that helps in resolving family disputes. Even if it is not valid under the Indian Evidence Act.
Justice Shroti said that family courts relax the rules of evidence. Because family matters are private and sensitive.
At the same time, Justice Shroti also cited some old decisions of the Supreme Court. He said that even if any evidence has been obtained illegally, it can also be considered if it is associated with the matter and is real. The court admitted that the right to privacy is important, but it is not completely. It has to be balanced with the right to fair hearing. Justice Shroti said that when two rights collide under Article 21- Privacy and fair hearing- A fair hearing should be given priority.
Also mentioned Article 122
The court also mentioned Section 122 of the Indian Evidence Act. This section usually protects the conversation between the husband and wife, but if there is a legal dispute between the husband and wife, it does not apply. The court said that many High Courts like Delhi, Bombay and Rajasthan have supported the use of digital records in family matters.
The evidence will be investigated now
Justice Shroti also made it clear that accepting the evidence does not mean that it has been proved. The evidence will still have to be verified. He advised the family court to take some precautions. Such as confirming the truth of the evidence, to hear in-camera when needed and maintain dignity. The court also said that the person does not get protection from civil or criminal action by accepting the evidence obtained illegally.
Family court’s decision upheld
The court rejected the woman’s plea and upheld the April 2023 order of the Family Court. The court said that to accept the evidence, it is necessary that it is related to the case, not how it was achieved. The court said that by stopping such evidence, the Family Court will be against the purpose of the Act.
