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Landmark Observation by Madhya Pradesh High Court Upholds Fair Trial Over Privacy in Marital Disputes
In a significant and progressive decision, the Madhya Pradesh High Court has allowed a husband to produce WhatsApp chats of his wife, even if obtained without her consent, as admissible evidence to substantiate allegations of adultery in matrimonial proceedings.
Quoting the Hon’ble Court:
“Since no fundamental right under our Constitution is absolute, in the event of conflict between two fundamental rights, as in this case, a contest between the right to privacy and the right to fair trial, both of which arise under Article 21, the right to privacy may have to yield to the right to fair trial…
Section 14 of the Family Courts Act broadens the scope of admissible evidence. A Family Court is not bound by the strict technicalities of the Indian Evidence Act, and may admit any evidence if satisfied of its relevance and utility in resolving the dispute effectively.”
🎯 Expert Legal Analysis by Dr. Anthony Raju
Advocate, Supreme Court of India
Chairman – All India Council of Human Rights, Liberties & Social Justice (AICHLS)
“This decision is not only legally sound but also jurisprudentially commendable. The Hon’ble High Court has rightly struck a constitutional balance between two competing rights under Article 21 — affirming that truth and justice cannot be sacrificed at the altar of procedural limitations.
As a seasoned criminal and family law expert, I commend this judgment for reinforcing that in family disputes, especially involving marriage, courts must be empowered to examine all relevant materials, regardless of how obtained, if doing so serves the cause of justice.”
🛡️ Dr. Anthony Raju
One of India’s most reputed criminal advocates in Supreme Court & High Courts
Internationally known for his work in Criminal Matters, family law, gender justice, and constitutional rights
Frequent legal commentator on issues involving adultery, matrimonial cruelty, privacy, and evidence law
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