Mumbai, March 4 Divorce cannot be granted based solely on alleged cruelty, based on WhatsApp chats, without giving the spouse a chance to respond, the Bombay High Court has said.
A bench of Justices Bharati Dangre and Manjusha Deshpande last week overturned an order passed by the Nashik district family court, which had allowed an application filed by a man seeking divorce from his wife on grounds of cruelty.
The woman moved the High Court, challenging the family court order, claiming that it was passed ex parte and without giving her an opportunity to oppose or present her arguments.
The family court, in its order dated May 2025, relied on a WhatsApp chat submitted by the man, in which the woman demanded that they move from Nashik to Pune to live separately, and also in which she allegedly made derogatory comments against her mother-in-law and sister-in-law.
The family court noted that the wife had used pressure tactics, emotional blackmail, and inappropriate language in the WhatsApp chat, and concluded that cruelty had been established against the husband, and therefore, he was entitled to a divorce.
The High Court, in its order, noted that the family court had failed to give the wife an opportunity to rebut the evidence (WhatsApp chats) submitted by the husband.
"Based solely on the WhatsApp chat, a divorce decree cannot be granted, as it is not proven by credible evidence," the HC said.
Therefore, the order granting the divorce decree needs to be set aside, and the matter needs to be remanded back to the family court so that the wife is given an opportunity to be heard and present evidence, it said.
The court said that while the family court decides the matter afresh, the estranged couple can explore the possibility of reaching a settlement through mediation.