The Bombay High Court has set a precedent by overturning a divorce decree granted solely on WhatsApp evidence, emphasising the need for both parties to be heard.
The Bombay High Court has overturned a divorce decree granted by the Nashik Family Court, saying a wife must get a chance to respond before a court decides if she was cruel to her husband.
DIVORCE GRANTED ON WHATSAPP EVIDENCE
Earlier, the Nashik Family Court had allowed the husband’s divorce plea. The court relied on his testimony and a series of WhatsApp and SMS messages between the couple. The husband claimed the messages showed his wife forced him to move to Pune, insulted his family, and caused him “mental cruelty.”
The Nashik court said, “A wife who insists that her husband leave his parents and shift to Pune, using derogatory language against in-laws, commits mental cruelty.”
Based on this, the husband was granted a divorce without the wife being heard.
HIGH COURT: WIFE MUST BE HEARD
The Bombay High Court, however, disagreed. It said the wife was not given any opportunity to explain or challenge the messages. The judges ruled that WhatsApp chats alone cannot prove cruelty.
“Merely relying on WhatsApp chats, the divorce decree cannot be granted. The matter is sent back to the Family Court to allow the wife to be heard and present her evidence,” the court said.
