The Bombay High Court ruled that divorce cannot be granted solely based on WhatsApp chats without proper proof and without giving the other spouse a chance to contest the evidence. The Court set aside an ex-parte divorce granted by the Nashik Family Court and ordered a fresh hearing.
The Bombay High Court has ruled that a divorce decree cannot be granted only on the basis of WhatsApp chats without proper proof and without giving the other spouse a chance to respond to the allegations.
A Division Bench of Justice Bharati Dangre and Justice Manjusha Deshpande set aside an ex-parte divorce decree passed by the Family Court in Nashik. The High Court held that relying solely on WhatsApp messages without allowing the wife an opportunity to contest the allegations and present her evidence was not legally valid.
The case arose from a family court appeal filed by the wife challenging the judgment and decree issued by the Family Court, Nashik on May 27, 2025. The Family Court had earlier allowed a petition filed by the husband seeking divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 on the ground of cruelty.
According to the records, the Family Court mainly relied on WhatsApp chats and SMS messages exchanged between the husband and wife to conclude that the wife had subjected the husband to mental cruelty. Since the wife did not appear before the court during the proceedings, the case proceeded ex-parte and the husband’s testimony remained unchallenged.
While granting the divorce, the Family Court observed that the electronic conversations supported the husband’s claim that the wife had pressured him to shift from Nashik to Pune instead of continuing to live with his parents in Nashik. The court also noted that certain messages allegedly contained derogatory remarks directed at the husband’s mother and sister.
Based on these communications, the Family Court concluded that the wife had tried to pressurize the husband into relocating to Pune and had used harsh language during their conversations. The court reasoned that such behaviour, including pressure to move to another city and using offensive remarks towards family members, could amount to mental cruelty under matrimonial law.
However, when the matter came before the High Court, the bench carefully examined the Family Court’s decision and found serious procedural issues in the way the decree had been granted.
The High Court observed that the Family Court had relied heavily on WhatsApp chats and messages as evidence to support the husband’s allegations. At the same time, the wife had not been given a proper opportunity to contest those communications or explain the context in which the messages were exchanged.
The bench emphasized that in matrimonial disputes, serious findings such as cruelty must be based on evidence that is properly presented before the court and tested during the trial process. The court stated that electronic communications like WhatsApp messages cannot automatically be treated as conclusive proof unless they are properly proved and the opposing party is given an opportunity to challenge them.
The High Court noted that the Family Court had proceeded on the assumption that the husband’s testimony remained unchallenged and was supported by the electronic chats. However, the record showed that the wife had not been given a meaningful opportunity to rebut the evidence relied upon by the husband.
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The bench therefore held that merely relying on WhatsApp chats without proper proof and without giving the other party a chance to challenge the evidence cannot justify granting a decree of divorce.
Considering these shortcomings, the High Court concluded that the Family Court’s judgment could not be sustained in law.
Accordingly, the High Court set aside the judgment and decree dated May 27, 2025 passed by the Family Court, Nashik in the divorce petition. The bench further directed that the matter be sent back to the Family Court for fresh consideration.
The High Court instructed the Family Court to reconsider all issues raised in the divorce petition and to provide both parties with a proper opportunity to present evidence and arguments before arriving at any conclusion.
The court also clarified that the wife must be given a fair chance to contest the allegations made by the husband and to challenge the evidence placed on record before any finding on cruelty is reached.
During the hearing, the counsel for the husband also suggested that the parties could try to resolve their dispute through mediation. The High Court accepted this suggestion and observed that the parties would be free to explore the possibility of settlement through mediation while the matter is being reconsidered by the Family Court.
With these observations and directions, the High Court disposed of the Family Court Appeal along with the pending interim application.
Case Title:
Supriya Gaurav Devare v. Gaurav Jitendra Patil
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