Divorce cannot be granted solely based on WhatsApp chat messages presented by one side without giving opportunity to the other side to rebut the same and present other evidence, the Bombay High Court recently observed while setting aside an ex parte divorce granted by a Nashik family court.

A Division Bench of Justices Bharati Dangre and Manjusha Deshpande was hearing an appeal filed by a wife challenging an order of the family court in Nashik which granted an ex-parte decree of divorce under the Hindu Marriage Act. 

The family court had accepted the husband’s case of cruelty solely based on WhatsApp and SMS chats he produced, without any opportunity to the wife to contest or rebut this material.

The family court had concluded that the messages amounted to serious mental cruelty against the husband. 

The family court concluded that such pressure tactics, emotional black mail and intemperate language made it untenable for the husband to continue residing with his wife and that he was, therefore, entitled for divorce.

However, the High Court disagreed with the family court’s approach, underlining that no adversarial process had actually taken place.

“There was no opportunity given to rebut the said evidence by the wife,” the Bench said. 

It stressed that electronic messages could not by itself sustain a decree of divorce in the absence of proper proof at trial.

“Merely relying on the WhatsApp Chat, the divorce decree cannot be granted, since it is not proved by leading evidence,” it categorically held.

Hence, the High Court set aside the divorce decree of the Nashik family court and remanded the matter back for rehearing. The wife was given the liberty to lead evidence. 

It also recorded that the parties are at liberty to explore settlement through mediation before the family court, as suggested by the husband’s counsel.

Advocate Shubham S Sane appeared for the wife. 

Advocates Sanjay P Shinde and Prathmesh T Bhanuwanshe appeared for the husband. 

[Read order]