Justice Sachin Singh Rajput delivered the order while dismissing a petition filed by a woman challenging a Family Court decision. The lower court had allowed her husband to place WhatsApp chats and call recordings on record in a divorce proceeding.
The case arose after a Raipur-based man filed for divorce and sought permission to submit electronic communications allegedly exchanged between his wife and other individuals. The wife opposed the move, alleging that her husband had illegally accessed or hacked her mobile phone to obtain the material, thereby violating her fundamental right to privacy.
Despite her objections, the Family Court permitted the documents to be taken on record. The woman subsequently approached the High Court, contesting the order.
During the hearing, the High Court observed that while the right to privacy is protected under Article 21 of the Constitution, it is not absolute. The court emphasized that the right to a fair trial is intrinsically linked to the administration of justice and cannot be undermined by invoking privacy concerns in every instance.
“If relevant evidence is excluded solely on the ground of privacy, the very purpose of adjudication before the Family Court would be defeated,” the court noted.
Referring to Section 14 of the Family Courts Act, the High Court stated that Family Courts have special powers to receive as evidence any report, statement, document or information that may assist in effectively resolving a dispute. Citing Supreme Court precedents, the court added that the relevance of evidence is the key consideration, regardless of the manner in which it was obtained, subject to judicial scrutiny.
The judgment underscored the need for courts to strike a balance between competing rights. It observed that a litigant must be given a fair opportunity to substantiate allegations with relevant material.
The ruling is expected to have wider implications for matrimonial litigation, particularly in cases involving digital communication and electronic records.
