Gwalior Bench of MP High Court.
WhatsApp Chats Admissible in Divorce Cases, says Madhya Pradesh High Court: Bhopal, Madhya Pradesh – June 30, 2025 – In a significant ruling that weighs the right to privacy against the pursuit of justice in matrimonial disputes, the Madhya Pradesh High Court on June 18, 2025, held that WhatsApp chats can be admitted as evidence in family court proceedings, even if they were collected by violating a spouse’s privacy. This decision came in a matrimonial dispute where a husband had accessed his wife’s private digital communications without her consent to support allegations of adultery.
Justice Ashish Shroti, who delivered the judgment, emphasized the delicate balance required in such sensitive matters, stating that “while a litigating party certainly has a right to privacy, that right must yield to the right of an opposing party to bring evidence it considers relevant to court, to prove its case.” This pronouncement underscores the judiciary’s commitment to ensuring a fair trial, even when it intersects with fundamental rights.
The Court invoked Section 14 of the Family Courts Act, a provision that grants family courts broad discretion to accept any material that may assist in resolving a case, even if such material would not ordinarily be admissible under the strict rules of the Indian Evidence Act. Justice Shroti stressed that denying the admission of such evidence based solely on privacy concerns would effectively defeat the very purpose of this enabling provision, potentially hindering the court’s ability to arrive at a just conclusion.
Further clarifying its stance, the High Court acknowledged that while the Constitution guarantees the right to privacy, no fundamental right is absolute or unlimited. It explained that “the right to fair trial has wider ramifications and impacts public justice, which is a larger cause,” making it a more significant consideration in certain circumstances, particularly in the context of matrimonial disputes where personal conduct is often central to the allegations. The bench pointed out that excluding relevant evidence at the outset could inadvertently deny justice to a litigating party and weaken the overall fairness and integrity of the trial process.
However, the Court did not leave room for the indiscriminate misuse of such evidence. It issued clear directives for family courts to exercise caution and prudence when dealing with private communications obtained without consent. Courts are mandated to rigorously verify the authenticity of WhatsApp chats or any other private communications presented as evidence. Additionally, to mitigate potential embarrassment or discomfort for the parties involved, courts may opt to conduct in-camera hearings when such evidence is being presented or discussed. The judgment also clarified that while the evidence might be admissible in the divorce proceedings, any party harmed by the illegal collection of evidence retains the right to pursue independent legal remedies against the person who obtained it unlawfully. This separate legal action, however, would not preclude the family court from considering the evidence in the matrimonial case.
This ruling by the Madhya Pradesh High Court is expected to have a significant impact on how digital evidence, particularly private communications, is treated in family law cases across India. It sets a precedent that prioritizes the discovery of truth and the right to a fair trial, while also acknowledging the importance of privacy and providing avenues for redress against its unlawful infringement.
Case Name: Anjali Sharma v. Raman Upadhyay.
Case Number: Miscellaneous Petition No. 3395 of 2023.
Bench: Justice Ashish Shroti.
