Can messages, recordings, and chats be used during divorce?

Yes. In a Faskh petition, the wife is allowed to produce all forms of electronic evidence to establish cruelty, non-maintenance, threats, or other grounds under Section 2 of the Dissolution of Muslim Marriages Act, 1939. Courts regularly accept:

  • WhatsApp chats
  • Call recordings
  • Emails
  • Screenshots
  • Photos/videos
    These must comply with Section 65B of the Indian Evidence Act (certificate requirement). Extra-judicial divorces (Talaq/Khula/Mubarat) do not require evidence because they are not adjudicatory processes.
Scroll to Top

Write to us!

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.