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WhatsApp Chats Can Prove Even Without Evidence Act Compliance: Chhattisgarh High Court
In a significant ruling that eases the evidentiary burden in matrimonial disputes, the has held that WhatsApp messages can be sufficient to establish , even if they do not strictly comply with the . A division bench of Justice Parth Prateem Sahu and Justice Sushma Sawant allowed an appeal filed by a wife, setting aside the Family Court’s rejection of her divorce petition and granting her a .
A Marriage Soured by Abuse
The appellant, Archana Singh , married Anand Kumar Gupta on according to Hindu rites. According to her complaint, within a month of the marriage, the husband began physically assaulting and verbally abusing her. She alleged that he demanded an air-conditioner as dowry and threatened to sell her jewellery if the demand was not met. Matters escalated when the husband sent filthy and threatening text messages not only to her but also to her two younger sisters. Unable to bear the continuous harassment, Archana left the matrimonial home and has been living separately with her parents in Ambikapur.
She filed a divorce suit in the , on the ground of cruelty. Despite service of summons, the husband did not appear, and the Family Court proceeded against him. However, the Family Court dismissed the suit, holding that the wife had failed to prove cruelty.
The Appeal and the Key Evidence
Challenging this dismissal, Archana appealed to the High Court. Her counsel, , argued that the Family Court had erred in appreciating the evidence, particularly the WhatsApp chats (Exs.P-2 and P-3) that showed the husband’s abusive behaviour towards the wife and her family. She submitted that since the husband never contested the proceedings, the evidence remained and should have been accepted.
The husband did not appear before the High Court either, and was again proceeded .
WhatsApp Chats: Beyond the Straitjacket of the Evidence Act
The central legal question was whether the WhatsApp messages, which did not meet the strict requirements of the regarding electronic evidence, could still be relied upon.
The High Court answered emphatically in the affirmative. It noted that , confers a wider discretion on Family Courts to receive any report, statement, document, or information that may assist in effectively adjudicating a dispute, irrespective of its admissibility under the .
“Though the appellant has not complied with the provisions of the Evidence Act in respect of the WhatsApp chats, however, the Family Court is not fettered by the in the same manner as an ordinary civil court. , confers a wider discretion upon the Family Court to receive such material as, in its opinion, may assist it in effectively adjudicating the dispute,” the Court observed.
The bench also pointed out that the husband had ample opportunity to deny the authenticity of the chats, but chose not to. “Since the documents marked as Exs.P-2 & P-3 produced by the appellant have remained , there is no reason to disbelieve them,” the Court added.
What Constitutes ?
Drawing from the ’s landmark judgment in , the High Court listed several instances of behaviour that can amount to , including a that makes married life absolutely intolerable.
Applying these principles, the Court examined the WhatsApp chats. “A perusal of these documents reflects the mindset of the respondent, indicating that he did not hold a respectful or appropriate view even towards his sisters-in-law. Such conduct, particularly when directed towards the family members of the wife, would undoubtedly cause deep mental anguish and constitute to any wife,” the bench held.
An FIR Filed During Appeal Not Allowed as
During the pendency of the appeal, the wife filed an application under seeking to bring on record an FIR (dated ) she had lodged against her husband for continued harassment. The Court rejected this application, observing that the requirements of the provision were not met. The document did not disclose the outcome of the FIR or whether it had proceeded to trial, and hence could not be relied upon to decide the appeal.
Final Verdict: Marriage Dissolved
Allowing the appeal, the High Court set aside the judgment and decree of the Family Court and granted a in favour of the wife. The marriage solemnized on was dissolved. The Court also reserved liberty for the wife to claim under by filing a separate application.
“In view of the foregoing discussion… we are of the considered view that the impugned judgment & decree passed by the learned Family Court suffer from errors in appreciation of the material on record warranting interference in appeal,” the bench concluded.
This judgment reinforces the flexibility of Family Courts in dealing with matrimonial evidence and signals that digital communications, when , can serve as powerful proof of in divorce proceedings.
