Family Court's reliance on electronic communication without substantive evidence leads to judgment reversal
In a recent decision, the Bombay High Court has set aside a divorce decree that was originally granted by the Family Court in Nashik based primarily on WhatsApp chats and SMS messages. The appellate court, comprising Justices Bharati Dangre and Manjusha Deshpande, emphasized the necessity of leading substantive evidence and providing opportunities for rebuttal in divorce proceedings.
The case, titled "Supriya Gaurav Devare nee Supriya Raosaheb Patil v. Gaurav Jitendra Patil," revolved around a petition filed under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, which pertains to divorce on the grounds of cruelty. The Family Court had previously ruled in favor of the husband, Gaurav Jitendra Patil, citing evidence of mental cruelty purportedly exhibited by the wife, Supriya Gaurav Devare, through derogatory messages and pressure tactics evident in electronic communications.
The High Court scrutinized the Family Court's decision, which was made ex parte, noting that the judgment heavily relied on WhatsApp and SMS communications without allowing the wife the opportunity to contest the evidence or present her side. The appellate court determined that such reliance without supporting evidence and rebuttal opportunities was insufficient to uphold a divorce decree.
In their judgment, the High Court judges pointed out that the Family Court had failed to allow Supriya Gaurav Devare the chance to counter the claims made by her husband or to lead her own evidence. They remarked that mere reliance on electronic communication, without comprehensive evidence to substantiate claims of cruelty, does not meet the legal threshold required for granting a divorce.
Consequently, the High Court set aside the Family Court's order dated May 27, 2025, and remanded the matter back to the Family Court for a fresh determination. The judges instructed that the wife be given the opportunity to present her evidence, and all issues raised in the petition be thoroughly examined.
The court also suggested that both parties may explore the possibility of a settlement through mediation before further legal proceedings are undertaken.
The decision underlines the importance of fair trial principles and the necessity for courts to rely on comprehensive evidence rather than isolated incidents or communications in deciding matters of matrimonial disputes.
Bottom Line:
Divorce decree cannot be granted merely relying on WhatsApp chats and messages without leading evidence and providing an opportunity to rebut the evidence.
Statutory provision(s): Hindu Marriage Act, 1955, Section 13(1)(i-a)
