Bombay High Court: In deciding a Family Court Appeal, the Division Bench of Bharati Dangre and Manjusha Deshpande, JJ., observed that the Family Court had relied solely on WhatsApp chats and SMS exchanges to conclude cruelty. The Court held that such reliance, without affording the wife an opportunity to rebut the evidence, was inadequate and procedurally unfair. Accordingly, the ex parte decree of divorce was set aside and the matter remanded to the Family Court for fresh adjudication, with liberty to the parties to explore settlement through mediation.
Background
The proceedings arose from a divorce petition filed before the Family Court at Nashik under Section 13(1)(ia), Hindu Marriage Act, 1955. The Family Court allowed the petition ex parte, relying primarily on WhatsApp chats and SMS messages exchanged between the parties.
The wife challenged the decree, contending that she had been denied an opportunity to contest or lead evidence. It was pointed out that the order was passed ex parte and that the only ground relied upon by the Family Court to prove cruelty was the WhatsApp chat.
On the other hand, husband maintained that the chats demonstrated mental cruelty, highlighting derogatory remarks directed at family members and the insistence on shifting residence.
Analysis and Decision
The Court emphasised that the husband’s testimony was stated to be supported by WhatsApp chats and messages exchanged between the parties. However, no opportunity was given to the wife to rebut this evidence. The Court observed that the Family Court had granted a decree of divorce on the ground of cruelty by the wife against the husband. It was further noted that merely relying on WhatsApp chats, a divorce decree cannot be granted, since such evidence was not proved through proper legal proceedings.
The Court set aside the judgment and order dated 27 May 2025 passed by the Family Court, Nashik, and remanded the matter for determination of all the issues raised in the petition by leading evidence. The Court further recorded that, as suggested by the wife, the parties are at liberty to explore the possibility of settlement through mediation.
Consequently, the Court disposed of the Family Court Appeal along with the pending Interim Application.
[XYZ v. ABC, Family Court Appeal No.70 of 2025, decided on 27-2-2026]
Advocates who appeared in this case:
For the Appellant: Shubham S. Sane
For the Respondent: Sanjay P. Shinde with Prathmesh T. Bhanuwanshe