Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
The husband has filed a suit for dissolution of marriage under Section 13 of Hindu Marriage Act, 1955, on the ground of cruelty. He has also pleaded adultery on the part of wife. In order to prove adultery, in paragraphs 8 & 9 of the plaint, specific pleadings have been made with regard to WhatsApp chat of the wife with a third person. The husband has pleaded that by way of a special application installed in the wife's phone, the WhatsApp chatting of her phone are automatically forwarded to his phone, which shows that the wife is having extramarital affair with a third person.
5. When the suit was at the stage of husband's evidence, he sought to exhibit the WhatsApp chats, to which the wife raised an objection. The learned Family Court has rejected the wife's objection and has allowed the husband to exhibit the WhatsApp chats. Being aggrieved by this order of the Family Court, the instant misc. petition has been filed by wife.
24. The Bombay High Court also dealt with the similar aspect in the case of Deepali Santosh Lokhande v. Santosh Vasantrao reported in MANU/MH/3502/2017 and held as under:
"9. A cumulative reading of section 14 and section 20 of the Family Courts Act, takes within its ambit the restricted applications of the provisions of the Evidence Act qua the documentary evidence which includes electronic evidence, whether or not the same is relevant or admissible, if in the opinion of the Family Court such evidence would assist the Family Court to deal effectively with the matrimonial dispute. Considering the above object and the intention of the legislature, in providing for a departure, from the normal rules of evidence under the Evidence Act, in my opinion, there was no embargo for the learned Judge of the Family Court to accept and exhibit the documents as sought by the petitioner-wife. Ultimately, it is the absolute power and authority of the Family Court either to accept or disregard a particular evidence in finally adjudicating the matrimonial dispute. However, to say that a party would be precluded from placing such documents on record and or such documents can be refused to be exhibited unless they are proved, in my opinion, goes contrary to the object of section 14 of the Family Courts Act."
35. In view of the discussion made above, this court is of the opinion that the Legislature, being fully aware of the principals of admissibility of evidence, has enacted Section 14 in order to expand that principle in so far as disputes relating to marriage and family affairs are concerned. The Family Court is thereby freed of restrictions of the strict law of evidence. The only test under Section 14 for a Family Court to receive the evidence, whether collected legitimately or otherwise, is based upon its subjective satisfaction that the evidence would assist it to deal effectually with the dispute.
IN THE HIGH COURT OF MADHYA PRADESH (GWALIOR BENCH)
Misc. Petition No. 3395 Of 2023
Decided On: 16.06.2025
Anjali Vs. Raman
Hon'ble Judges/Coram:
Ashish Shroti, J.
Citation: MANU/MP/1611/2025
