Mumbai, March 4: Merely relying on WhatsApp chat, the divorce decree cannot be granted on the grounds of cruelty without giving a chance to the spouse to rebut, the Bombay High Court has observed.
High court quashes Nashik family court order
A bench of Justices Bharati Dangre and Manjusha Deshpande last week quashed an order passed by the Nashik District Family Court allowing a divorce plea filed by a man on the grounds of cruelty.
The bench was hearing an appeal filed by the woman challenging the divorce decree by the Nashik court, claiming that the same was passed ex-parte and without giving her an opportunity to reply or oppose the grounds raised by the man.
Appeal filed by wife against ex-parte decree
The bench was hearing an appeal filed by the woman challenging the divorce decree by the Nashik court claiming that the same was passed ex-parte and without giving her an opportunity to reply or oppose the grounds raised by the man.
Family court relied on WhatsApp messages
In May 2025, the family court at Nashik granted divorce to the couple while relying on WhatsApp messages submitted by the man, in which the woman allegedly demanded that they shift from Nashik to Pune to live separately. The chats also suggested that she allegedly made derogatory comments against her mother-in-law and sister-in-law.
Observations made by family court
The family court in its order noted that the wife had used pressure tactics, emotional blackmail, and intemperate language in the WhatsApp chat and held that cruelty was meted out to the husband and hence he was entitled to divorce.
High court questions reliance on chats alone
The HC, in its order, noted that the family court relied only on the chat submitted by the husband and the wife was not given an opportunity to “rebut the said evidence”.
“Merely relying on the WhatsApp chat, the divorce decree cannot be granted, since it is not proved by leading evidence,” the HC said while quashing the order granting the divorce decree. The matter has been sent back to the Nashik Family Court so that the wife is granted an opportunity to be heard and submit evidence.
Also Watch:
Court suggests mediation
The court said while the family court decides the matter afresh, the estranged couple can explore the possibility of settlement through mediation.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
