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Madhya Pradesh High Court on WhatsApp Chats as Divorce Evidence

Case Overview:
Husband accused wife of cruelty and adultery under Section 13, Hindu Marriage Act.

He presented private WhatsApp chats, allegedly forwarded via spyware app, as proof of her extra marital
affair

Legal Challenge:
Wife objected: obtaining chats violated her privacy rights (Article 21) and breached IT Act Sections 43, 66, 72

HC (June 16, 2025):
Admissible under Section 14 of the Family Courts Act, even if obtained without consent or not admissible under the 

is not absolute; in matters, it yields to the right to a fair trial stressed relevance and are key, not method of collection.

Family Courts may in‑camera examine such sensitive digital evidence, with discretion to accept or reject.

Admission of evidence doesn't absolve the procurer from potential
Civil or Criminal liability.

Legal Significance:
Sets precedent reflecting modern approach to
digital evidence in family law.

Encourages balancing
privacy rights with pursuit of truth in sensitive disputes.

Ref :
https://lnkd.in/gGDq5nrW

Husbands submit wife’s WhatsApp chats obtained without her consent as evidence in extramarital affair related divorce case, rules High Court