May 19, 2023

How to Use WhatsApp Chat in Family Court Disputes ?

In present times, before a dispute starts between a Husband and Wife lots of WhatsApp chat have taken place between the two. 

As per Evidence Act, a WhatsApp chat is a "Document" and it can be proved in court, like any other documents. 

Evidence Act Sec.3 (2) (c) says that the document (WhatsApp chat) that says that a person said something is evidence and the courts can relied upon. 

The person who received such chat can also prove that he received this chat form a WhatsApp account used by husband or wife. 

Since these are electronic evidences, it is also necessary to prove that the chat has not been tempered with by anyone. 

If someone has destroyed WhatsApp chat from mobile then screen shots can be proved as secondary evidence. 

And person who has deleberately deleted chat with a view of destroying evidence can be charged with offense of destroying evidence. 

In cases of disappearing messages, screenshots can be used as secondary evidence. 

(C) Haresh Raichura,  19th May 2023