Madhya Pradesh High Court has held that private WhatsApp chats, even if accessed without consent using spy apps, can be used as evidence in divorce proceedings. The case involved a husband who used a spy app to monitor his wife’s chats, alleging extra-marital affairs and cruelty. While the wife contested this as a violation of privacy, the court permitted the chats under the Family Court Act. The verdict underscores the growing role of digital surveillance in legal disputes—and the need for smartphone users to remain vigilant against spyware.
What the court said
The High Court observed that although the right to privacy is a fundamental right, it is not absolute. In matters involving allegations such as adultery or mental cruelty, the court said certain exceptions could apply. In this case, the use of WhatsApp chat logs was allowed as material evidence in a divorce case.
This decision also raises concerns about how easy it has become to install surveillance tools on personal devices—sometimes without the victim ever noticing.
5 ways to ensure your phone is spy-free
1. Watch for unusual activity
Spy apps often run in the background and can cause rapid battery drain, device overheating, or strange behavior during calls. If your phone suddenly starts acting up, it’s worth investigating.
2. Review installed apps
Go through your app list regularly. Look for apps you don’t remember installing or those with generic names. On Android, pay extra attention to apps with access to messages, camera, or microphone.
3. Check synced accounts
Spyware may be linked to unfamiliar email accounts or cloud services. Review the accounts synced on your phone and look for any suspicious logins or unknown connected devices.
4. Audit permissions and settings
Apps with access to sensitive features like location, camera, and mic should be limited. Also, ensure that “installation from unknown sources” is turned off unless absolutely necessary.
5. Monitor network activity
Spy apps may transmit your data to remote servers. Use tools like your router logs or network monitoring apps to detect unusual data usage patterns from your device.
Bonus and most important tip: Make sure that your WhatsApp account in now linked with other devices that you do not identify. To check open your WhatsApp app, tap on three dots at the top right corner and move to "Linked devices" option. See if your account is being used on a device that you do not identity.
If you see an unidentified device, you can either choose to Log out of that particular device or to be safe Log out of all the devices and pair them again -- one-by-one.
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