In a recent ruling, the division bench of Justice Bharati Dangre and Justice Manjusha Deshpande of the Bombay High Court observed that a divorce cannot be granted solely on the basis of Whatsapp chat messages produced by one party without giving the other party an opportunity to challenge those messages and present their own evidence.

The bench  made this observation while dealing with a case in which the Nashik Family Court had granted an ex parte divorce based on such WhatsApp chats.

Family Court’s Findings:

The bench of the Nashik Family court accepted the husband’s allegation of cruelty entirely on the basis of Whatsapp and SMS chats produced by him, without giving the wife an opportunity to argue on or challenge those messages.

The family court held that the messages amounted to “serious mental cruelty against the husband.” It observed 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.”

High Court’s Observations:

The Bombay High Court took a different view and observed that the wife had not been given a chance to challenge the evidence. The court noted-

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

The court also emphasized that electronic messages alone cannot be the basis for granting a divorce unless they are properly proved during trial. It stated, “Merely relying on the WhatsApp Chat, the divorce decree cannot be granted, since it is not proved by leading evidence,”

In light of these observations, the High Court set aside the divorce order passed by the Nashik Family Court and sent the matter back for a fresh hearing. The wife was given liberty to lead evidence. The court also said that both parties are free to explore a settlement through mediation before the family court.

Case details: Supriya Gaurav Devare nee Supriya Raosaheb Patil V.Gaurav Jitendra Patil