Recently, the Chhattisgarh High Court directed that private electronic communications, including WhatsApp chats and call recordings, can be taken on record as evidence in matrimonial disputes, holding that the right to privacy is not absolute and must be balanced with the right to a fair trial.

The bench headed by Justice Sachin Singh Rajput was hearing a divorce-related dispute. The Court observed that excluding relevant digital evidence solely on the ground of privacy could prevent courts from reaching the truth, particularly in family matters.

The case arose from a divorce petition filed by a Raipur resident, who sought permission to rely on his wife’s WhatsApp chats and call recordings with other individuals to support his allegations. The family court allowed the request, leading the wife to challenge the order before the High Court.

Opposing the move, the woman alleged that her husband had hacked her mobile phone and unlawfully obtained the material, thereby violating her right to privacy under Article 21 of the Constitution.

Upholding the family court’s decision, the High Court said that while the right to privacy is an important constitutional guarantee, it is not absolute. The Court stressed that the right to a fair trial is a fundamental part of the justice system and cannot be undermined by excluding relevant evidence.

The Court relied on Section 14 of the Family Courts Act, 1984, which allows family courts to consider any document or material that may assist in the effective resolution of a dispute, even if it does not strictly comply with conventional rules of evidence. The objective in family litigation, the Court noted, is to rise above technicalities and uncover the truth.

Clarifying the balance between competing rights, the High Court held that if digital evidence is directly relevant to the dispute, it cannot be rejected solely because of the manner in which it was obtained. The woman’s petition was accordingly dismissed.