The Validity of WhatsApp Images in Divorce Cases: A Legal Perspective

The Validity of WhatsApp Images in Divorce Cases: A Legal Perspective

In divorce cases, various pieces of evidence are presented to support the issues and claims experienced by the couple. Among these, one of the most frequently encountered in recent times is WhatsApp messages. However, the legal validity and evidentiary value of these messages are contentious. In this blog post, we will discuss how WhatsApp images are evaluated in divorce cases and under what circumstances they can be considered valid within the legal framework.

Illegally Obtained WhatsApp Images

As stated in your divorce petition, WhatsApp images obtained from the respondent spouse's phone without consent are considered illegally obtained evidence. As emphasized in various rulings by the Supreme Court, messages obtained through unauthorized access to someone's phone are deemed illegal evidence.

The Supreme Court of Appeals 2nd Civil Chamber decision dated 06.02.2014, with file number 2014/414 E., and decision number 2014/1958 K., is as follows: "The presented evidence was obtained by installing a 'spy program' on a mobile phone given as a gift to the respondent-plaintiff spouse, recording conversations without their consent. Evidence obtained in this manner by the plaintiff-defendant is deemed illegally obtained evidence."

The Evidentiary Value of Message Content

The content of WhatsApp messages plays a crucial role in their evaluation as evidence. Messages should contain concrete evidence supporting allegations such as infidelity or cheating. However, personal conversations or statements based on misunderstandings are generally not accepted as sufficient evidence by the courts.

The Supreme Court of Appeals 2nd Civil Chamber decision dated 21.12.2021, with file number 2021/7539 E., and decision number 2021/9869 K., serves as an important example in this regard: "It is understood that the messages submitted to the case file by the plaintiff husband, allegedly belonging to the defendant wife, were not accepted by the defendant wife, and the claim that they were written by the defendant remained abstract, so these messages cannot be taken into account in determining fault.

Use of Social Media and WhatsApp Messages

As mentioned in your petition, the contents of social media and WhatsApp messages presented by the plaintiff spouse must be carefully examined. The messages need to prove infidelity or behavior that undermines trust. Otherwise, such messages are not accepted as evidence, and it is not possible to find the defendant at fault.

The Supreme Court of Appeals 2nd Civil Chamber decision dated 10.05.2023, with file number 2022/11217 E., and decision number 2023/2320 K.: "It is stated that the messages and recordings on the CD obtained by the plaintiff-counter-defendant woman from the man's phone are considered illegal evidence, and there is no means of proof within the case file that these pieces of evidence were obtained legally, thus the act of infidelity cannot be attributed as fault to the man."

Conclusion

The use of WhatsApp images as evidence in divorce cases is contingent on their legal acquisition. Furthermore, the content of the messages must clearly prove infidelity or behavior that undermines trust. Courts do not consider illegally obtained evidence or abstract claims. Therefore, it is essential to act within the legal framework and prioritize concrete evidence when presenting evidence in divorce cases.

For more detailed information and professional support in legal processes, it is always beneficial to seek help from an expert attorney.

Yasal Danışmanlık

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