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News Topical, Digital Desk : The Bombay High Court has overturned a decision in which a husband was granted a divorce from his wife citing cruelty based solely on WhatsApp chats.
The court clearly stated that divorce cannot be granted merely by showing the messages, unless concrete evidence is presented and the other party is given a chance to present their side. This decision was delivered on February 27 by a bench of Justices Bharti Dangre and Manjusha Deshpande.
The court completely set aside the May 2025 order of the Nashik Family Court and sent the case back to the same court, where both the parties will now get full opportunity to present evidence and argue.
This case involved a divorce on the grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act. The husband claimed that his wife had mentally harassed him and his family. The family court upheld the husband's claim and granted divorce, but the High Court upheld the decision.
The family court relied only on chats
The Nashik Family Court stated that the husband's testimony was supported by WhatsApp and SMS chats. According to the court, the wife repeatedly insisted on leaving Nashik and relocating to Pune, where she wanted to leave her in-laws.
The chats also allegedly contained derogatory remarks against her mother-in-law and sister-in-law. The wife accused her husband of pressuring her into refusing to marry her, using emotional blackmail and using harsh language in anger.
The family court ruled that the wife could not commit such acts, and therefore the husband was not required to live with her. On this basis, the divorce was granted. The court considered the husband's testimony unchallenged, meaning uncontested, because the case was conducted ex-parte. The wife was not given a chance to be heard.
The High Court said – chats alone are not enough
The High Court examined the family court's order and found that relying solely on the chats was not sufficient to grant a divorce. The judges stated, "A divorce decision cannot be based solely on WhatsApp chats, as they were not properly presented as evidence." The court also noted that the wife was not given any opportunity to respond to or challenge these chats.
Justices Dangre and Deshpande held that proper evidence is essential to prove cruelty. Such a sensitive decision cannot be made without hearing the other party and cross-examining them. Therefore, they completely set aside the family court's divorce order.
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