Child Custody, Guardianship & Evidence · 31 July 2026
Parent's Private Chats Showing Substance Abuse Are Relevant In Child Custody Cases; Child Welfare Overrides Privacy
High Court of Judicature at Madras
In a custody dispute over a minor child, one parent sought to produce authenticated private chat records showing that the other parent was actively abusing drugs, arguing this made them unfit for custody. The other parent objected, citing the fundamental right to privacy under Article 21 of the Constitution.
The Madras High Court permitted the chat records to be produced and admitted as evidence. It held that in custody proceedings the welfare of the minor child is the paramount consideration, and this overrides an individual parent's claim to privacy. Evidence bearing directly on a child's safety — such as proof of substance abuse — cannot be kept out of the record merely because it comes from private digital communications.
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