The Chhattisgarh High Court has upheld a Family Court order permitting a husband to rely on his wife’s call recordings and WhatsApp conversations in ongoing divorce proceedings, ruling that the right to privacy cannot override the right to a fair trial. Justice Sachin Singh Rajput dismissed the wife’s challenge to the Raipur Family Court’s decision, clearing the way for electronic evidence to be examined in a matrimonial dispute under the Hindu Marriage Act.
The dispute arose from a divorce petition filed by the husband under Section 13 of the Hindu Marriage Act, 1955, alleging cruelty and desertion. During the proceedings, he sought to place on record certain mobile call recordings and WhatsApp exchanges involving the wife and her relatives. The wife opposed the move, arguing that introducing such material would breach her fundamental right to privacy under Article 21 of the Constitution.
The Family Court allowed the application, prompting the wife to approach the High Court in writ jurisdiction. The central issue before the High Court was whether electronic communications, allegedly intrusive in nature, could be admitted in matrimonial litigation despite privacy objections.
Justice Rajput held that proceedings before Family Courts are governed by Section 14 of the Family Courts Act, 1984, which relaxes the strict rules of evidence to enable courts to consider material relevant to resolving family disputes. The Court emphasized that privacy, though constitutionally protected, is not absolute.
“While the right to privacy is essentially a personal right, the right to fair trial has wider ramifications and impacts public justice,” the Court observed, adding that excluding relevant material at the threshold would defeat the very object of a fair adjudication. Referring to statutory provisions and precedent, the Court clarified that the test for admissibility in Family Courts is relevance, not the technical mode of collection.
Finding no legal infirmity in the Family Court’s order, the High Court dismissed the wife’s petition.
Picture Source :
