MP High Court: Consent Not Mandatory for WhatsApp Chats to Be Admitted in Matrimonial Disputes

The Madhya Pradesh HC held that private WhatsApp chats, even if obtained without consent, are admissible in matrimonial disputes under Section 14 of the Family Courts Act.

The case involved a husband who installed an app on his wife’s phone, which forwarded her private chats with another man.

The Court held that when the right to privacy and the right to a fair trial under Article 21 conflict, the fair trial must prevail. 

The court referred to Sections 14 and 20 of the Family Courts Act and Section 122 of the Indian Evidence Act, stating that relevance is the key admissibility test. 

Illegally obtained evidence may still be used if it helps resolve the dispute, though its collection may attract separate legal consequences.