The Bombay High Court set aside a divorce granted by a family court in Maharashtra, observing that allegations of cruelty cannot be proven solely through WhatsApp messages if the other spouse is not given an opportunity to respond. The court stressed that matrimonial disputes must follow principles of fair hearing and proper evaluation of evidence.
The ruling came after a woman challenged an earlier decision of the Nashik family court that had granted divorce to her husband on the grounds of cruelty. The lower court had relied mainly on WhatsApp chats presented by the husband to support his claims.
A division bench of Justices Bharati Dangre and Manjusha Deshpande noted that such digital messages alone could not be treated as sufficient proof of cruelty. The judges said that relying only on chats without supporting evidence or proper examination of the context would be legally inadequate.
The High Court also pointed out that the divorce decree had been passed without giving the wife a chance to contest the allegations or present her own evidence. Denying a spouse the opportunity to rebut claims violates basic principles of natural justice, the court said.
After reviewing the case, the High Court set aside the divorce order and sent the matter back to the family court for a fresh hearing. The lower court was directed to allow both parties to present their evidence and arguments before deciding the case again.
The ruling highlighted the growing role of digital communication in legal disputes but also cautioned courts against treating such messages as conclusive proof without proper verification and cross examination.
