In a significant ruling with far-reaching implications for privacy and matrimonial litigation, the Gwalior Bench of the Madhya Pradesh High Court has held that WhatsApp chats, even if obtained without the other party’s consent, can be admitted as evidence in family court proceedings. The decision was delivered by Justice Ashish Shroti in a judgment dated June 16, 2025, in the case titled X vs Y (M.P. No. 3395/2023).
The judgment came in response to a petition filed by a wife challenging a Family Court order dated April 13, 2023. The Family Court had permitted the husband to mark WhatsApp chats—allegedly obtained without the wife’s consent—as exhibits in a divorce case filed under Section 13 of the Hindu Marriage Act, 1955.
Background
The husband alleged cruelty and adultery and presented WhatsApp conversations between his wife and a third person as evidence of an extramarital affair. According to him, the chats were automatically forwarded to his phone through a special application installed on his wife’s device. The wife contested the divorce allegations and simultaneously filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights.
The High Court upheld the Family Court’s decision to admit the chats, citing Section 14 of the Family Courts Act, 1984, which allows family courts to accept evidence beyond the strict confines of the Indian Evidence Act, 1872, if it helps resolve matrimonial disputes effectively.
Privacy vs. Fair Trial
Justice Shroti acknowledged the right to privacy under Article 21 of the Constitution, but clarified that it is not absolute. He emphasized that in cases where privacy and the right to a fair trial come into conflict, courts must balance the two.
Quoting the landmark KS Puttaswamy judgment and a Constitution Bench ruling in Sahara India Real Estate vs SEBI, the Court noted that even fundamental rights must be qualified and weighed against competing constitutional values.
“In the event of conflict between two fundamental rights… the right to privacy may have to yield to the right to fair trial,” the Court observed.
The Court further cited the Supreme Court’s judgment in RM Malkani vs State of Maharashtra to support the principle that even illegally obtained evidence may be admissible if it is relevant and authentic.
Conditions and Safeguards
While allowing the admission of such chats, the Court laid down cautionary guidelines; admission of evidence does not imply reliance or acceptance of its truth, Courts must evaluate such evidence for authenticity and relevance, in-camera proceedings may be used to handle sensitive content, admitting illegally procured evidence does not absolve the person of civil or criminal liability, Courts must adopt higher scrutiny standards when dealing with potentially tampered or invasive digital evidence.
“Evidence is admissible so long as it is relevant, irrespective of how it is collected,” the judgment stated, emphasizing that weightage and reliance are entirely at the judge’s discretion.
Judgment Outcome
The High Court dismissed the wife’s petition and upheld the Family Court’s decision to include the chats as admissible evidence in the matrimonial dispute. (KDC)
