Right to privacy not absolute, private calls, chats admissible as evidence: Court

The Chhattisgarh High Court has clarified that private electronic communications, including WhatsApp chats and call recordings, can be considered as evidence in matrimonial disputes if they are relevant to the issues before the court.

The observation came in an order delivered by the High Court in mid-February 2026 at Bilaspur while hearing an appeal arising out of a pending divorce proceeding before a Family Court.

The matter stemmed from a marital dispute in which the husband had filed for divorce and sought to rely on certain WhatsApp conversations and telephone call recordings to substantiate his allegations. The wife objected to the move, contending that the material had been obtained without her consent and that permitting it to be taken on record would amount to a violation of her fundamental right to privacy under Article 21 of the Constitution.

The Family Court had earlier allowed the husband to place the electronic material on record. Aggrieved by the Family Court order, the wife challenged the decision before the High Court, arguing that private chats and call records should not be admitted as evidence.

While examining the challenge, the High Court considered the scope of Section 14 of the Family Courts Act, 1984, which empowers Family Courts to receive and consider any evidence that may assist in effectively resolving disputes, even if such material might not strictly comply with the technical rules of the Indian Evidence Act.

The High Court, in its ruling, observed that although the right to privacy is a constitutionally protected right, it is not absolute in the context of judicial proceedings. When a dispute is brought before a court of law, the need to ensure a fair trial and arrive at the truth may outweigh privacy concerns, particularly where the electronic communication is directly connected to the issues in question, it said.

The Court emphasised that family courts are meant to adopt a more flexible and pragmatic approach in order to do substantial justice between parties. Therefore, electronic evidence such as WhatsApp chats and call details may be examined if they are relevant and help in adjudicating the dispute fairly. However, the admissibility of such material would still be subject to scrutiny regarding its authenticity, relevance, and the manner in which it was obtained, it added.

The High Court, while upholding the Family Court’s order, reaffirmed that digital communications have evidentiary value in modern litigation, especially in matrimonial matters where private interactions often form the core of the dispute. The ruling reflects the judiciary’s evolving approach toward balancing privacy rights with the requirements of a fair and effective trial.

- Ends