'Divorce Decree Cannot Be Granted By Relying Merely On Whatsapp Chat': Bombay High Court

The Bombay High Court has held that a decree of divorce cannot be granted merely on the basis of WhatsApp chats without proper proof through evidence. The Court observed that allegations of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 must be established through legally admissible evidence, and the opposing party must be given an opportunity to rebut the material relied upon.A division bench of Justices Bharati Dangre and Manjusha Deshpande was hearing a Family Court Appeal filed by the wife challenging the ex parte judgment and decree dated 27 May 2025, passed by the Family Court. By the said judgment, the Family Court had allowed the husband's petition for divorce under Section 13(1)(i-a) of the Hindu Marriage Act on the ground of cruelty. The appellant-wife contended that the decree had been passed ex parte and that the only basis relied upon by the Family Court to establish cruelty was WhatsApp chats and SMS exchanges between the parties. The Family Court had observed that the chats indicated the wife's insistence that the husband shift to Pune instead of continuing to stay in Nashik with his parents, and that some messages allegedly contained derogatory language directed at the husband's family members.The High Court examined the reasoning of the Family Court and noted that the testimony of the husband was treated as corroborated solely by WhatsApp messages exchanged between the parties. On that basis, the Family Court concluded that the wife had subjected the husband and his family members to mental cruelty and granted a decree of divorce.The Bench held that such an approach was legally unsustainable. It noted that the alleged electronic communication had not been proved through proper evidence and that the wife had not been given an opportunity to rebut the material relied upon. The Court held that merely relying upon WhatsApp chats, without establishing them through evidence and without affording an opportunity to contest them, cannot form the sole basis for granting a decree of divorce. It observed:“… the testimony of the Petitioner-Husband is stated to be supported by WhatsApp Chat and messages between the parties. There is no opportunity given to rebut the said evidence by the wife… Merely relying on the WhatsApp Chat, the divorce decree cannot be granted, since it is not proved by leading evidence.”In these circumstances, the High Court held that the judgment and decree of divorce were required to be set aside. The matter was therefore remanded to the Family Court for fresh determination of the issues raised in the petition after giving both parties an opportunity to lead evidence.Accordingly, the High Court set aside the judgment and decree dated 27 May 2025 passed by the Family Court.Case Title: Supriya Gaurav Devare v. Gaurav Jitendra Patil [FAMILY COURT APPEAL NO.70 OF 2025 WITH INTERIM APPLICATION NO.9533 OF 2025]Appearances:For the Applicant: Mr. Shubham S. Sane For the Respondent: Mr. Sanjay P. Shinde with Mr. Prathmesh T. BhanuwansheClick Here To Read/Download Order

'Divorce Decree Cannot Be Granted By Relying Merely On Whatsapp Chat': Bombay High Court

Saksham Vaishya

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