Better to bring all chats on record
Confront the respondent with inconsistencies
Cross exam - grounds brought out in evidence
In my divorce matter , the respondent has filed whatsapp chats of only 6 months where it is brought out that : - on 4-5 occassions she has alleged infidelity and asked for divorce, - several claims in her submissions are contradicted in her own whatsapp - i ask her to divorce me a few times and show i am frustrated. - large number of days , upto two consecutive weeks of chats are missing/deleted. the query is, is it better to bring out all of the above in cross ..every instance or leave it for arguments ? Please advise
Asked 5 years ago in Family Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
7 Answers
Unless all contradictions, omissions and embellishments are put to witness, advantage of them cannot be taken of them in arguments. Nothing should be left to chance in cross examination only then arguments on such points carry weight.
The WhatsApp messages are not admissible as primary evidence in court of law.
Since the court will not accept them as evidence, you do not volunteer to accept them as evidence and proceed with cross examination on that basis.
You can ignore her WhatsApp messages totally so that she will not be able to prove her case through that evidence.
All of this must be brought on record immediately at every stage.
Yes, she can be cross examined on these points.
Dear sir/ma'am,
Please note that as per the existing state of affairs in the court concerning evidences, messages communicated through electronic device are considered as secondary evidence. This implies that their significance is not as great as some documentary evidence or a witness. However, it is advised that for the court to get a clear picture of the case and to defend your stance, please provide all available data at the cross examination stage itself. This can prevent you from being in trouble later on. Thank you.
Dear Sir/ Ma'am,
In the court of law, WhatsApp messages are not acceptable as primary evidence. However, it should be brought on record as secondary evidence.
For reference, the Supreme Court, in Ambalal Sarabhai Enterprise Ltd v KS Infraspace LLP Limited and Another, stated "The WhatsApp messages which are virtual verbal communications are matters of evidence with regard to their meaning and its contents to be proved during trial by evidence - in - chief and cross examination. The e - mails and WhatsApp will have to be read and understood cumulatively to decipher whether there was a concluded contract or not".
- Since, you having more proofs , then you can produce the same before the court at the time of cross examination , and then this will come in final argument at the time of decision of the case.
