What is the legal process to obtain WhatsApp messages?
In case where there is a suspicion of spouse having an affair, is it possible to prove this by obtaining WhatsApp messages?
If yes, what is the legal procedure to obtain those messages?
Are such messages from WhatsApp enough for courts to grant divorce on mutual agreement?
Asked 2 years ago in Family Law from Chennai, Tamil Nadu
Yes, authenticated copy of whatsapp message is valid in court if the same is supplied by the service provider.
Only on direction of court or police in a pending investigation the service provider can provide with such details.
Divorce depend on emrit of the case and without seeing the contents of the messages I can not say whether you would get divorce or not,
1) he contents of messages that have been delivered by the WhatsApp Service are not copied, kept or archived by WhatsApp in the normal course of business.
2) The contents of any delivered messages are not kept or retained by WhatsApp — the only records of the content of any delivered messages reside directly on the sender’s and recipient’s mobile devices (and which may be deleted at the user’s option).
3) for obtaining divorce by mutual consent you have to file petition in family court by consent . both parties have to appear in court . mere whats app ,messages are not sufficent to grant divorce
It is not easy to prove the contents .If any one recipient or send delete the same you can't recover.In mutual divorce case no need for these type of evidence.Only the main ingredient is mutual consent for filing a divorce petition under section 13b of Hindu marriage act.
You can not get divorce on suspicion of affair by spouse, you need concrete documentary evidence to prove that spouse is having extra marital affair. WhatsApp messages would require proper authentication.
1. WhatsApp messages are digital evidence,
2. You can download the same to a computer through blue tooth or other means,
3. Get it done in a Cyber Cafe and get tye printout out of the same from the said Cyber Cafe,
4. The Cyber Cafe manager who downloaded the matter should effirm under affidavit that he has doenloaded the said matter from the particulat telephone number,
5. The said printout alongwith the related affidavit is a valid evidence before the Court.
FOR MUTUAL CONSENT DIVORCE, THERE IS NO REQUIREMENT OF THESE TYPE OF PROOFS.
BUT IF THE DIVORCE IS CONTESTED THEN THESE MASSAGES CAN BE USED AS EVIDENCE AFTER CERTIFICATE OF SECTION 65B OF INDIAN EVIDENCE ACT.
Advocate, New Delhi