A significant ruling on the admissibility of digital evidence in matrimonial disputes has been delivered by the Chhattisgarh High Court, reflecting the evolving nature of family litigation in the digital age.
It has been held that private electronic communications, including WhatsApp chats and call recordings, can be admitted as evidence in matrimonial proceedings. The ruling was rendered by a bench presided over by Justice Sachin Singh Rajput while a complex marital dispute was being heard.
On the issue of admissibility, it was observed that the right to privacy is not absolute and must be balanced against the right to a fair trial. A judicial interpretation has thus been articulated on the delicate balance between the right to privacy and the right to justice.
The matter had arisen from a divorce petition filed by a Raipur resident before a family court. It was contended by the husband that certain WhatsApp chats and call recordings involving his wife were crucial to substantiating his allegations. Permission had been sought to place the electronic material on record, leading to the present determination by the High Court.