How Can Digital Evidence Like WhatsApp Chats Be Used In Divorce Proceedings?

In India, digital evidence, such as WhatsApp chats, has become increasingly relevant in divorce proceedings. With the growing use of digital communication platforms, WhatsApp chats, emails, and other forms of digital records can play a critical role in substantiating claims related to adultery, emotional abuse, neglect, or other grounds for seeking a divorce. However, the use of such evidence is subject to strict legal standards and procedures to ensure its admissibility in court.

Role of WhatsApp Chats in Divorce Proceedings

1. Grounds for Divorce:

   Digital evidence like WhatsApp chats can help establish grounds for divorce, such as adultery, mental cruelty, or abandonment. For instance:

   • Adultery: If one spouse has engaged in an extramarital affair, WhatsApp chats containing explicit or suggestive conversations with a third party can serve as proof of adultery. Under Section 13(1)(i) of the Hindu Marriage Act, adultery is a recognized ground for divorce.
   • Mental Cruelty: WhatsApp conversations containing abusive, insulting, or threatening messages can be used as evidence of mental cruelty. Under Section 13(1)(ia) of the Hindu Marriage Act, mental cruelty is another valid ground for divorce, and digital messages may serve as critical evidence in this regard.

2. Admissibility in Court:

   For WhatsApp chats to be admissible as evidence in divorce proceedings, certain legal procedures must be followed:

   • Authentication: The authenticity of WhatsApp chats must be established. This can be done by demonstrating that the chats belong to the parties involved and are not tampered with. In some cases, the court may require the digital evidence to be certified by a forensic expert to confirm its validity.
   • Best Evidence Rule: The Best Evidence Rule under Indian Evidence Act requires that the original document or electronic evidence be produced unless it is not available. In the case of WhatsApp chats, screenshots or printouts can be used, but they may need to be verified for authenticity.
   • Witness Testimony: The person who took the screenshots or printed the chats may need to provide testimony to verify the digital evidence in court. They may be asked to explain how the chats were obtained and whether they have been altered.

3. Use in Proving Emotional or Physical Abuse:

   WhatsApp messages may be used to demonstrate emotional abuse or harassment by one spouse. For example, if one spouse has been sending threatening, intimidating, or abusive messages, these can serve as evidence of cruelty or abuse. In cases where physical violence is also alleged, WhatsApp messages containing threats of violence or abusive language can strengthen the victim's case.

4. Role in Property or Financial Disputes:

   In divorce proceedings where there is a dispute over assets or finances, WhatsApp chats can be used to establish evidence of financial discussions, agreements, or intentions. For instance, if one spouse claims that the other has been hiding assets or financial misconduct, chats discussing money matters can be used to support the claim.

5. Establishing Communication Patterns:

   WhatsApp chats can also be used to establish the pattern of communication between the spouses, which can be critical in cases involving desertion or separation. If one spouse has repeatedly neglected or avoided communication, this could be used to prove the breakdown of the marriage under Section 13(1)(ib) of the Hindu Marriage Act (irretrievable breakdown of marriage).

How WhatsApp Chats Are Presented in Court

1. Printouts or Screenshots:

   WhatsApp chats can be printed or screenshot and submitted as evidence in court. However, the court will require that the evidence be verified by the party presenting it to ensure that it has not been manipulated.

2. Forensic Examination:

   In some cases, digital forensics may be used to retrieve data from mobile phones or computers. This can help establish the chain of custody and authenticate the chats in question, ensuring that the evidence is admissible.

3. Cross-Examination:

   If the authenticity of WhatsApp chats is challenged, the court may allow cross-examination of the person who submitted the evidence to verify the accuracy and legitimacy of the information. In some cases, the other spouse may also present counter-evidence to dispute the claims made through the digital evidence.

Example

If a wife is seeking a divorce on the grounds of adultery and has WhatsApp chats showing her husband's explicit conversations with another woman, these chats can be used as evidence of infidelity. The wife can submit printouts or screenshots of the conversations to the family court. If the husband denies the charges, the court may allow expert verification to confirm that the chats have not been altered and that they were indeed sent by the husband. This evidence can be crucial in establishing a case for divorce.

In summary, WhatsApp chats and other forms of digital evidence can play a significant role in divorce proceedings under Indian law, particularly in cases involving adultery, mental cruelty, or harassment. However, such evidence must meet the legal standards for admissibility, including authentication and verification, to be used effectively in court.