High Court flags procedural lapse
The Bombay High Court has criticised a family court for granting divorce by treating WhatsApp conversations as the key evidence, without giving the wife an opportunity to challenge those materials.
Background of the dispute
A couple from Nashik, Maharashtra, were granted divorce by a family court in May last year. The order relied heavily on messages allegedly sent by the wife on WhatsApp, including remarks against the husband and criticism of her mother-in-law and sister-in-law.
What the family court concluded
The family court read the chats as indicating emotional harassment of the husband. It also noted that the wife had sought to move from Nashik to Pune and live separately, and used this material to recommend divorce in the husband’s favour.
High Court’s decision
Hearing the wife’s challenge, a bench of Justices Bharati Dangre and Manjusha Deshpande held that the wife was not given a chance to present arguments or evidence against the WhatsApp chats. The High Court therefore cancelled the divorce decree and directed a fresh hearing, also noting that the parties may consider exploring settlement when the matter is reheard.
