Rekha V, Assistant Professor in Government Law Collage, Pudupakkam
ABSTRACT
Social media has emerged as a significant factor influencing divorce proceedings and evidence gathering in contemporary legal practice. Courts increasingly recognize digital footprints as admissible evidence, fundamentally reshaping litigation strategies in matrimonial disputes. This paper explores the legal implications of social media use in divorce cases, focusing on its role in proving adultery, financial misconduct, child custody disputes, and spousal behavior. The admissibility of social media evidence under the Indian Evidence Act, 1872, and relevant international legal frameworks is examined to determine its probative value and evidentiary weight. Additionally, concerns regarding privacy rights, data authenticity, and ethical considerations in obtaining digital evidence are analyzed. The study highlights how courts assess social media content, including text messages, posts, images, and location data, as credible evidence while addressing challenges related to manipulation, misinterpretation, and unauthorized access. Judicial precedents in India and other jurisdictions are reviewed to understand evolving legal standards and judicial discretion in admitting such evidence. The research further delves into the procedural requirements for authenticating digital evidence under Section 65B of the Indian Evidence Act, emphasizing recent Supreme Court interpretations. The role of legal professionals in advising clients on social media conduct to prevent self-incrimination and adverse judicial determinations. The ethical boundaries of investigating and collecting social media evidence, balancing legal rights with privacy concerns. The proposes policy recommendations to ensure a fair and legally sound approach to integrating social media evidence in divorce proceedings. The findings aim to provide insights into the legal challenges and judicial considerations in adapting to the digital age within family law litigation.
Keywords: Social Media Evidence, Divorce Proceedings, Indian Evidence Act, Privacy Rights, Judicial Precedents
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