Divorce Decree Can’t Be Granted Merely On Basis of Whatsapp Chat Which Is Not Proved By Leading Evidence: Bombay High Court

The appellant wife had approached the High Court challenging the ex-parte order passed by the Family Court, Nashik allowing a petition filed under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 for divorce.

The Division Bench of Justice Manjusha Deshpande and Justice Bharati Dangre held, “Merely relying on the WhatsApp Chat, the divorce decree cannot be granted, since it is not proved by leading evidence. Therefore, according to us, the Judgment & Decree of Divorce needs to be set aside by remanding the matter back to the Family Court, by granting opportunity to the Appellant-Wife to be heard and liberty to lead evidence.”

Advocate Shubham S. Sane represented the Appellant while Advocates Sanjay P. Shinde represented the Respondent.

Arguments

It was the case of the Appellant wife that the impugned order was passed ex-parte by the Court only on the ground of WhatsApp chats, which were relied upon to prove that there was cruelty at the hands of the Wife.

Reasoning

On a perusal of the facts of the case, the Bench noted that the testimony of the Petitioner-Husband was stated to be supported by WhatsApp Chat and messages between the parties. It was further noticed that no opportunity was given to rebut the said evidence by the wife.Based on such observations, cruelty was held to be proved against the husband, at the hands of the wife.

Holding that the divorce decree cannot be granted by merely relying on the WhatsApp chats, the Bench set aside the Judgment & Order passed by the Family Court.

“The matter is remanded back for determination of all the issues raised in the petition by leading evidence”, it ordered.

Cause Title: A v. B (Neutral Citation: 2026:BHC-AS:10374-DB)

Appearance

Appellant: Advocate Shubham S. Sane

Respondent: Advocates Sanjay P. Shinde, Prathmesh T. Bhanuwanshe

Click here to read/download Order