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Chhattisgarh Court: Chats & Calls are Divorce Evidence
14 Feb
Summary
- WhatsApp chats and call recordings can be evidence in divorce cases.
- Privacy rights cannot exclude relevant and genuine evidence.
- Family Courts can accept all material aiding dispute adjudication.

The Chhattisgarh High Court has ruled that WhatsApp chats and call recordings are admissible as evidence in matrimonial disputes. Justice Sachin Singh Rajput stated that illegally obtained material can be accepted if it is relevant and genuine, overriding privacy concerns in divorce cases. The court clarified that the Family Courts Act, 1984, grants family courts broad powers under Section 14 to receive any evidence aiding dispute resolution, even if not strictly admissible under the Evidence Act.
This decision emerged from a petition challenging a family court's order to admit electronic evidence in divorce proceedings. The wife had argued that her privacy was violated as the data was allegedly hacked. However, the High Court affirmed that the right to privacy is not absolute and must yield to the pursuit of a fair trial, citing Supreme Court precedents that spousal communications essential for adjudication do not enjoy absolute privilege.




