Divorce can't be granted citing cruelty based on WhatsApp chat without rebuttal chance to spouse: Bombay HC

Mumbai: Divorce cannot be granted on grounds of alleged cruelty merely based on WhatsApp chats without giving the spouse a chance to rebut, the Bombay High Court said.

A bench of Justices Bharati Dangre and Manjusha Deshpande last week quashed an order passed by the Nashik district family court allowing an application filed by a man seeking divorce from his wife on grounds of cruelty.

The woman moved the HC, challenging the family court order claiming that the same was passed ex-parte and without giving her an opportunity to oppose or put forth her arguments.

The family court, in its May 2025 order, relied on a WhatsApp chat submitted by the man in which the woman demanded that they shift from Nashik to Pune to live separately, and also in which she allegedly made derogatory comments against her mother-in-law and sister-in-law.

The family court noted that the wife had used pressure tactics, emotional blackmail and intemperate language in the WhatsApp chat and held that cruelty was meted against the husband and hence he was entitled to divorce.

The high court, in its order, noted that the family court failed to give an opportunity to the wife to rebut the evidence (WhatsApp chats) submitted by the husband.

"Merely relying on the WhatsApp chat, the divorce decree cannot be granted, since it is not proved by leading evidence," the HC said.

Hence, the order granting decree of divorce needs to be set aside and the matter needs to be remanded to the family court so that the wife is granted an opportunity to be heard and submit evidence, it said.

The court said that while the family court decides the matter afresh, the estranged couple can explore the possibility of settlement through mediation.