Matrimonial Cruelty cannot be established merely on WhatsApp Chats, rules HC

The Bombay High Court stepped in to examine whether a divorce decree could stand solely on the basis of WhatsApp messages without giving the wife an opportunity to contest them. The appeal arose from an ex-parte judgment of the Family Court Nashik, which had dissolved the marriage under Hindu Marriage Act, 1955 on the ground of cruelty, relying primarily on chat messages exchanged between the spouses. The High Court’s scrutiny centered on whether such digital evidence, left untested and unrebutted, could legally sustain a finding of matrimonial cruelty.

The controversy began when the husband approached the Family Court seeking divorce under Section 13(1)(i-a) of the Hindu Marriage Act alleging mental cruelty by his wife. Since the wife did not participate in the proceedings, the Family Court proceeded ex-parte and granted the divorce. In doing so, the court relied heavily on WhatsApp and SMS exchanges, interpreting them as evidence that the wife pressured the husband to move to Pune from Nashik and used derogatory language toward his family members.

Counsel for the appellant-wife argued before the High Court that the decree was fundamentally flawed because the alleged chats were never formally proved through evidence and she was given no opportunity to rebut the claims or challenge the authenticity and interpretation of the messages.

The Court found merit in this objection, observing that the Family Court had relied on untested electronic communication to conclude cruelty. Quoting the Family Court’s own reasoning, “The unchallenged testimony of the petitioner is supported by WhatsApp Chat and SMS chat between the parties… A wife cannot use such pressure tactics, therefore, the petitioner is not supposed to live with the respondent”, the bench noted that the evidence had never been subjected to rebuttal or proof through proper procedure. The Court emphasized that “merely relying on the WhatsApp Chat, the divorce decree cannot be granted, since it is not proved by leading evidence.” 

Consequently, the High Court set aside the divorce decree dated May 27, 2025 and remanded the matter to the Family Court for fresh adjudication after giving the wife an opportunity to present her case and lead evidence. The parties were also granted liberty to explore settlement through mediation.

Case Title: Supriya Gaurav Devare nee Supriya Raosaheb Patil Vs. Gaurav Jitendra Patil

Case No.: Family Court Appeal No.70 of 2025

Coram: Justice Bharati Dangre, Justice Manjusha Deshpande

Advocate for Petitioner: Adv. Shubham S. Sane

Advocate for Respondent: Adv. Sanjay P. Shinde, Prathmesh T. Bhanuwanshe

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