Yes. 

To refute such evidence depend on content of evidecne. 

And full content will submit in court and portion of content is not reliable. 

Such evidence can be neglected by court if certificate u/s 65b not submitted.

Facebook and WhatsApp messages and chats are valid evidence and is admissible in a court of law. One cannot refute the existence of the same. 

Yes, it can be considered as a digital proof as per the evidence act.

At least your intention of external affir will prove 

A commitment to marry a girl has serious consequences nowadays as girls tend to file rape cases based upon this.

Now in in your case did you take divorce or not? Or did you commit only?

What is written in the chat of whatsup and face book its totally depends upon that.

That is adultery if your wife knows about it. This girl may file a criminal complaint against you for not marrying her and sexually and mentally exploiting her.

Any electronic evidence including posts made in social networking sites or comunication sites is admissible in evidence provided the rigours of section 65B pf the Evidence Act is complied with. 

So the chats made in those sites would be used against you as per the circumstances. 

No, not at all criminal if your wife makes complaints it will than cruelty.

If the wife finds out about it she may file divorce. Criminal charges cannot be filed as extramarital affair is not a criminal offence although it is a ground for divorce.

What’s app chats , messages are admissible in evidence 

Messages prove you had sex with her under promise of marriage 

Adultery is no longer a criminal offence

you would not be convicted 

Wife can file for divorce on grounds of mental cruelty and adultery 

It is difficult to prove adultery 

admission would go against you 

Merely on basis of chat you would not Be convicted 

Hello, 

1. Yes, electronic evidence is admissible in court and especially in matrimonial cases. You have to denny the proofs. She will have to prove them in court. 
2. It can impact, but deny the statement as yours and state they were made up. 
3. No it can not cause any conviction or treated as criminal act. 
4. No, you can resolve it through dialogue, if you choose to do so, even if a case is filed. Alternately, you must speak to your wife and apologize and resolve before she reaches out to court, if you choose to salvage the marriage. 

No criminal offence. No conviction or criminal case.

1. Any social media communication can be led in evidence and relied on by the court if it has been led in accordance with provisions of Indian Evidence Act.

2. You can disprove any social media evidence, but you cannot prove it as 'null and void'.

1. Under Indian law any promise to marry is not legally enforceable, and can be rescinded due to subsequent change in circumstances.

2. The offence of adultery no longer exists on statute book in India as Supreme Court has struck down Section 497 IPC as unconstitutional.

1. The message that you has extracted is not indicative of commission of any offence. So no criminal case is made out.

2. However, it gives a cause of action to your spouse to file for divorce.

Adultry have been decriminalized. So don't worry about that.

These words doesn't prove any crime.

So don't worry. 

Dear Sir/Madam

Whatsapp has been now recommended by courts to even serve process and recording of whatsapp and Facebook can be used as evidence if accompanied by proper certificate as prescribed by evidence act under electronic evidence section 65B

Dear querist, 

Yes, whatsapp chats can be taken on record as an evidence. However, as per your query, if it is only showcasing that you are saying that you will marry the girl after obtaining divorce Prima facie that does not made out an offence of adultery. Although, adultery has been stiked down as a criminal offence under IPC but it is still a ground for divorce. 

Finally, You can not be convicted for such chats and messages. there are ways that these chats can be challenged in the court to be taken on record as an evidence which is factual. 

You can contact me for consultation or on linkedin, in case you need my assistance in the matter. 

https://www.linkedin.com/in/yuganshu-sharma-655091183/

Regards, 

You can use the said evidence as electronic evidence if property proved in court. Adultery is decriminalized now so no punishment. Only adultery is made a ground in family court proceedings for divorce

Dear Sir,

The information available via WhatsApp and Facebook may be used as evidence but it totally depend on the type of information. As per your input, you have talked to some girl for marriage and only after divorce. This does not amount to adultery and you are not supposed to face the case of adultery etc. Rather, it is your positive point that you were attracted towards anyone only because of the cruelty of wife. Also, you may take one stance that your Whatsapp and Facebook has been hacked by the wife and the said messages have been done under conspiracy  by her only to accuse yourself of her false allegations.  

Respected sir...

Yes Facebook and WhatsApp chats are admissible in the court of law as Indian evidence act provide admission of all that but as told by you that you have made only comment or statement to that girl this is only a minor statement this can be e considered as your statement but you will not be convicted for this as this is only my nothing yes you can take plea that at the time one of my friend are using my cell phone and I do not have to do nothing with that girl .... apart from all that it would be much better for you to convince your wife AFC is conveyed your matter will be solved..

I am from Delhi you can text or call me for further assistance...

Thank you

Social media evidences are admissible in Court. 

Sections 59 and 65A dealing with the admissibility of electronic record. 

Adultery is sexual intercourse between a married person and a person of the opposite sex who is not their spouse. If husband or wife admits to adultery and agrees to the divorce proceedings, the divorce is likely to be accepted by the court.

It is evidence and you can't just do it away.

It is a solid proof under IT Act and Indian Evidence Act 1872.

Facebook as well as whatsapp, email conversation are considered as electronic evidence and are admissible before the court .

- As per the Information Technology Act, electronic communication can be produce as a proof in court.

- Further, messages sent through WhatsApp messaging app are valid legal evidence under law, and the blue tick over the messaging app is a valid proof.

- But other side, the messages through whatsup/Facebook are not admissible as primary evidence, It should be supported by any other documentary evidence. 

- Hence, if there is only whatsup/fb message and not supported by any other evidence , then you can deny for the same.

- The promise of marriage to another woman cannot be treated as negative , in the absence of that woman to whom you have promises to marry after getting divorce, and it also not showing that you are having extra-marital affairs out of wedlock. 

- As per Supreme court , now adultery is not a criminal offence , and hence no offence made out against you , and cannot be convicted upon such messages etc. 

The Chats on FB and whats app can be considered as a valid evidence but you can always deny the same and the onus will lie on the other side to prove it.

Promise to marry is considered a serious crime and depends on the content what all has been written and in what context it can be interpreted.

Adultry is no more a crime but your wife can always take this a ground for divorce.

if the chats are proved then she can always file a divorce on these grounds but u wont be convicted so easily.

Yes, Facebook & WhatsApp chat / messages are admissible in evidence.

You can plead that, she knows your user name and password, as such, by using the same, she has posted the messages (burden lies on you, mere taking plea, will not serve your purpose, it is only an option).

Yes the commitment of marriage by you to your girlfriend over facebook & whatsapp are valid and it will be considered as negative evidence against you.

No offence. Chatting and promising of marriage are no offence . You may be called liar but not a criminal . Telling lie is not offence .

So forget about your facebook and WhatsApp commitment . 

The social media chat messages are not admissible as primary evidence in court of law.

You can object to such evidences strongly upon which the court may not accept them as evidence.

If you want  to contest her case then you can deny the message as fake and fabricated.

She has to adopt the legal procedures to prove that they are genuine which again can be denied owing to its veracity.

Adultery is not a crime anymore as supreme court has repealed the section 497 defining adultery as an offence.

Hence even if she proves that you are having an extra marital affairs with another female, she cannot take any legal action against you for this except, if she proves it, she may have a good reason to file divorce cae against you,

Your fears are unnecessary.

Even if she proves your adulterous life, she cannot convict you nor she can get you punished through law or court.

Adultery is not an offence.

If she cannot tolerate, she can file a divorce cae on that grounds and get away from your life.

In whatever manner you may repeat the question, the anser is the same that the acts of adultery, even if proved, is not considered as an offence, hence you can sit back and relax.

1. Yes whatsapp and FB chats can be used as electronic evidence in court and they are admissible as per Indian evidence act.

2. Yes it can be used against you but these messages alone cannot prove adultery and it is not a criminal offence.