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ajay bajpai   24 April 2016

Can whatsapp chat become proof for adultry

I am not staying with my wife for almost 2 years now. we have 2 kids (12 and 7 years). She filed a police complaint against me last year about physical torture and out of fear i took the decison to move out of my own house n stay in rented flat.My father in law got my whatsapp chat saying that i am having relation with another women which is the reason leaving separatley.

Can whatsapp cht be given as proof for adultry and what is the best possible solution for me. I want to stay with my kids n wife.

 

Thanks.



Learning

 4 Replies

JustAdvisor (IT)     24 April 2016

Let us take your query in two parts - 

Part I - Can Whatsapp Chat be taken as evidence?

As per Section 3 of Evidence Act, 

 “Evidence”.—“Evidence” means and includes—

 (1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry, such statements are called oral evidence;

 (2) 1[all documents including electronic records produced for the inspection of the Court], such documents are called documentary evidence.

Now as per 2(1)(t) of Information Technology Act,

Electronic Record means data, record or data generated, image or sound stored,
received or sent in an electronic form or micro film or computer generated micro fiche;

Hence in my opinion Whatsapp chat may be taken in as evidence by courts.

Part II - Will they constitute evidence for adultery

Now this is a very subjective question - It purely depends on what you have written in your whatsapp chats, in what context you have written, whether you were serious or you were in jovial mood and many many other factors.

Summary

Rather than getting into court battles, it would be in your best interests to reconcile with your wife as you have two kids.

 

 

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     24 April 2016

SIR,

KINDLY NOTE THAT.

1. YOU BE CONFIDENT AND DEFEND THE CASES IF ANY,  FILED AGAINST YOU .

2. KINDLY NOTE THAT ANY ALLEGATION UNLESS PROVED CAN NOT BE TREATED AS EVIDENCE. IN THE COURT.

3. YOU MAY FILE AN APPLICATION FOR ANTICIPATORY BAIL TO SESSIONS COURT OR HIGH COURT,  IF YOU HAVE REASONABLE APPREHENSION OF ARREST DUE TO FILING OF FALSE CASE AGAINST YOU. THE SAID COURT WILL HEAR DETAILED FACTS AND ON THE BASIS OF GROUND FOR SAID APPLICATION , COURT  MAY ALLOW INTERIM PROTECTION AGAINST ANY AREST IN SAID CR.CASE.

4. GOOD LUCK.

N.B.SAWANT. M.COM.,LL.B.ADVOCATE HIGH COURT.


(Guest)
You are not living with ur wife for 2 years...she file complaint one year back allgating u for physical torture.. U t confused.....gave itself a break and find out where u had been misunderstood rltns

Vijay Raj Mahajan (Advocate)     24 April 2016

The contents of the messages will show adultery against you if therein you had admitted for indulging in s*xual relationship outside marriage with another lady during the existence of your marriage. The contents merely stating friendship will not show that you were in actual indulging in extramarital relationship with another lady.

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