The Bombay High Court has set aside a divorce order issued by the Nashik Family Court, stating that a wife must be given an opportunity to present her side before a court concludes that she subjected her husband to cruelty.
Divorce granted based on WhatsApp messages
The Nashik Family Court had earlier approved the husband’s petition for divorce, relying on his testimony and a series of WhatsApp and SMS exchanges between the couple. The husband argued that the messages demonstrated that his wife pressured him to relocate to Pune, spoke disrespectfully about his parents, and caused him mental cruelty.
The family court observed that a wife who compels her husband to leave his parents and move to another city, while using derogatory language against her in-laws, amounts to mental cruelty. On this basis, it granted the divorce without hearing the wife’s defence.
High Court’s intervention
The Bombay High Court disagreed with this approach, noting that the wife was not given a fair chance to respond to or explain the messages presented as evidence. The judges held that WhatsApp conversations alone cannot form the sole basis for granting a divorce decree.
The court directed that the matter be sent back to the Nashik Family Court so the wife can present her evidence and contest the allegations.
Implications of the ruling
With the case returning to the family court, both sides will now be heard before a decision is made. The ruling underscores that while digital communications like WhatsApp chats can be examined in matrimonial disputes, courts must ensure both parties are given a proper opportunity to be heard before arriving at a conclusion.
