Chhattisgarh High Court allows call recordings, WhatsApp chats as evidence in divorce case

Call recordings as evidence in divorce
Chhattisgarh High Court (Image via ETV Bharat)

The Chhattisgarh High Court has upheld a family court’s decision to accept call recordings and WhatsApp chats as evidence in a divorce case. The judgment was delivered on 11th February by Justice Sachin Singh Rajput while dismissing an appeal filed by the wife.

The dispute arose after the husband moved an application before the family court seeking to place audio conversations and WhatsApp chats on record. The wife challenged this move, saying that the material had been obtained by hacking her mobile phone and that it violated her right to privacy. The family court allowed the evidence, following which she approached the Chhattisgarh High Court.

Section 14 allows wider scope of evidence: Court

While hearing the matter, the High Court referred to Section 14 of the Family Courts Act. Justice Rajput observed that the provision creates an exception to the usual rules regarding admissibility of evidence and allows family courts to consider any evidence necessary to effectively decide a dispute.

The Court noted, “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. If Section 14 is held not to apply in its full expanse to evidence that impinges on a person’s right to privacy, then not only Section 14 but the very object of the constitution of Family Courts may be rendered meaningless. Therefore, the test of admissibility would only be the relevance.”

The Bench made it clear that excluding such evidence merely on the ground of privacy would defeat the purpose of family courts.

Right to Privacy not absolute 

The Court acknowledged that the right to privacy is a fundamental right. However, it clarified that this right is not absolute and can be subject to reasonable restrictions and exceptions.

“The litigating party certainly has a right to privacy, but that right must yield to the right of an opposing party to bring evidence it considers relevant to the 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 a Court of law,” Justice Sachin Singh Rajput ruled.

With these observations, the High Court dismissed the wife’s appeal and upheld the family court’s order.

Advocates Hemant Kesharwani and Swapnil Keshari appeared for the wife, while advocates BP Sharma and Pushp Gupta represented the husband.

Written by OpIndia Staff
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