Marriages today are not only shaped by traditional values but also by digital interactions, virtual communication, and online behavior. Technology has emerged as both a catalyst and a remedy in marital conflicts—fueling suspicion, infidelity, and privacy intrusions, while also serving as a crucial tool for evidence, legal proceedings, and dispute resolution.
As family courts grapple with the complexities introduced by the digital age, the role of technology in both aggravating and addressing matrimonial issues has become increasingly important in shaping modern jurisprudence. These matrimonial disputes—ranging from divorce, maintenance, child custody, domestic violence, and cruelty—are no longer confined to traditional grounds but now encompass issues driven or aggravated by technology.
With the penetration of smartphones, social media, instant messaging, surveillance devices, and digital evidence, technology has become a significant factor in both the cause and resolution of matrimonial conflicts.
One of the primary reasons behind the surge in matrimonial disputes is the shift in social structures and attitudes. The urban population, particularly the younger generation, is more aware of individual rights, gender equality, and legal remedies. Economic independence, especially among women, coupled with reduced societal stigma around divorce, has emboldened individuals to seek separation from unhappy or abusive marriages.
However, technology has added new layers to these problems. Infidelity, for example, is no longer limited to physical relationships but includes emotional and virtual affairs conducted through dating apps, encrypted messaging platforms like WhatsApp, and social networking sites such as Instagram and Facebook. Spouses often cite inappropriate online conduct or excessive digital interaction with third parties as grounds for mental cruelty and marital discord.
Technology has also contributed to the growing practice of digital surveillance and intrusion into privacy within marriages. Many disputes arise from unauthorized access to a spouse’s mobile phone, emails, or social media accounts. Digital snooping, though illegal under privacy laws, is often justified by the snooper on the grounds of suspicion or insecurity.
Courts are increasingly encountering cases where call logs, chats, and even GPS locations are presented as evidence to support allegations of infidelity or mental cruelty. While such materials can be crucial in establishing facts, the courts have had to strike a balance between the admissibility of electronic evidence and the violation of privacy rights.
In India, the Judiciary has acknowledged the dual role of technology in matrimonial cases—both as a tool of abuse and as an aid to justice.
The Hon’ble Supreme Court also expressed its views on this matter. In the case of K.S. Puttaswamy vs Union of India[1], although not a matrimonial case, the Hon’ble Apex Court laid down the broad framework on the right to privacy, which has a direct bearing on matrimonial disputes involving digital evidence.
While the right to privacy is a fundamental right, the Court also observed that it must be balanced against legitimate state interests, including in the context of justice delivery. This principle is now being applied in family courts where electronic evidence is weighed against the backdrop of personal liberty and fairness in trial.
Case Summary: Ms. Anjali Sharma v. Mr. Raman Upadhyay
In the case of Ms. Anjali Sharma v. Mr. Raman Upadhyay, Miscellaneous Petition No. 3395 of 2023, in an appeal against the Family Court’s order permitting the husband to mark WhatsApp chats procured without the wife’s consent—through an application installed on her phone—as exhibits in the matrimonial proceedings instituted by him under Section 13 of the Hindu Marriage Act, 1955, a single-judge bench of Hon’ble Mr. Justice Ashish Shroti, Judge, High Court of Madhya Pradesh, upheld the Family Court’s order.
The Court emphasised that in matrimonial disputes, the relevance of evidence prevails over the means of its procurement. The Court read Section 122 of the Evidence Act in conjunction with matrimonial proceedings and observed:
“Section 122 of Evidence Act permits disclosure of any communication made to a person during marriage by any person to whom he is married in a suit between married persons.”
Hence, the Court held that the communications between spouses, including WhatsApp chats, can be led in evidence in suits involving them, and this is consistent with both the letter and the spirit of the law. The Court dismissed the wife’s petition and upheld the Family Court’s order permitting the husband to mark the WhatsApp chats as exhibits.
The Court held that:
“The evidence is admissible so long as it is relevant, irrespective of the fact how it is collected.”
Technology and Matrimonial Proceedings
On the positive side, technology has improved access to legal remedies in matrimonial disputes. The COVID-19 pandemic accelerated the adoption of virtual hearings in family courts, enabling parties to attend proceedings from remote locations.
It is pertinent to note that prior to COVID-19, in the year 2017, the Hon’ble Supreme Court in the case of Ms. Santhini v. Mr. Vijaya Venketesh held as under:
23. Video-conferencing facilities allow parties to communicate with each other in situations where it would be expensive, inconvenient or otherwise not desirable for a person to attend the court procedure.
28. There is, in my view, no basis either in the Family Courts Act 1984 or in law to exclude recourse to video conferencing at any stage of the proceedings. Whether video conferencing should be permitted must be determined as part of the rational exercise of judgment by the Family Court.
30. As a matter of principle, video conferencing cannot be excluded from any stage of the proceeding before the Family Court. Whether it should be adopted in a particular case must be left to the judicious view of the Family Court. The High Courts will be well advised to formulate rules to guide the process. Family Courts must encourage the use of technology to facilitate speedy and effective solutions.
Above all, it must be acknowledged that a whole-hearted acceptance of technology is necessary for courts to meet societal demands for efficient and timely justice. Should this court even attempt to put a lid on the inexorable movement towards incorporating technology? If we do so, we risk ourselves being left behind as an anachronism in a digital age.”
Online mediation and conciliation platforms have helped resolve disputes amicably without prolonged litigation. The e-Courts initiative and digital platforms like the Nyaya Bandhu app and eSathi (in Uttar Pradesh) have made it easier for litigants to:
- File petitions
- Track cases
- Obtain legal advice
In cases involving NRI spouses or long-distance marriages, virtual hearings and electronic communication have reduced procedural delays and ensured better access to justice.
Conclusion
The rise in matrimonial disputes in India is a reflection of evolving personal relationships shaped by societal changes and technological advances. Technology, while offering new grounds for marital discord, also provides opportunities for evidence gathering and dispute resolution.
Courts have begun to adapt to this digital reality by acknowledging the admissibility and relevance of electronic evidence while safeguarding fundamental rights. As the legal system continues to evolve, it must develop robust frameworks to ensure that technology is used to empower justice rather than perpetuate harm within the sensitive realm of matrimonial disputes.
End Notes:
- AIR 2018 SC (SUPP) 1841
- https://www.scconline.com/blog/post/2025/06/19/illegally-procured-whatsapp-chat-in-matrimonial-dispute-is-admissible-as-evidence-under-section-14-of-family-courts-act-mp-high-court-scc-times/
- Transfer Petition (Civil) No.1278 Of 2016
Written By: Lalit Sharma, Advocate, Delhi High Court
Lalit Sharma is a practicing Advocate at the Hon’ble Delhi High Court and its subordinate courts, with expertise in civil, matrimonial, and Cyber matters. He holds an LL.B. Degree from Chaudhary Charan Singh University, Uttar Pradesh, and is currently pursuing his LL.M. Degree from the same university.
With a background in humanities and a Post Graduate Diploma in Computer Applications (PGDCA), he combines legal knowledge with technical proficiency.
He is actively engaged with Delhi-based NGOs on socio-legal issues and social upliftment, with strong experience in legal research, litigation, and court procedures. He is dedicated to building his career in the evolving field of law, with a focus on the intersection of law and technology.
He is currently working as a Legal Associate at a Law Office headed by a highly experienced Advocate with over 42 years of practice, specializing in civil and matrimonial disputes before the Hon’ble Supreme Court, the Hon’ble Delhi High Court, and its subordinate courts.
Connect with Advocate Lalit Sharma @ linkedin.com/in/lalitsharma9.
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