The Bombay High Court has set aside a divorce decree granted by a Family Court in Nashik, ruling that a marriage cannot be dissolved solely on the basis of WhatsApp messages without giving the other spouse a proper opportunity to contest the evidence. The court emphasized that principles of fairness require both sides to be heard before such a serious decision is taken.
Background of the Case
The appeal was filed by Supriya Gaurav Devare, who challenged an ex-parte divorce order granted to her husband by the Family Court in Nashik. The divorce petition had been filed under Section 13(1)(i-a) of the Hindu Marriage Act, which allows divorce on the ground of cruelty.
The Family Court had granted the divorce in May 2025 after accepting the husband’s claim that his wife had subjected him to mental cruelty. According to the Family Court, WhatsApp chats and SMS messages between the couple supported the husband’s testimony and indicated inappropriate remarks and pressure from the wife regarding relocation.
Since the order was passed ex-parte, the wife argued before the High Court that she had not been given a fair chance to challenge the evidence or present her side of the dispute.
While granting the divorce, the Family Court had relied heavily on chat messages exchanged between the couple. The court noted that the wife allegedly insisted that the husband shift from Nashik to Pune and used derogatory language for his family members during their conversations.
The Family Court concluded that such conduct amounted to mental cruelty and held that the husband should not be expected to continue living with the respondent.
A division bench of Justice Bharati Dangre and Justice Manjusha Deshpande examined the record and found that the divorce decree had been granted without giving the wife an opportunity to rebut the evidence relied upon by the husband.
The bench noted that the trial court had accepted the husband’s testimony along with WhatsApp chats as proof of cruelty, even though the wife had not been heard on the issue.
“The testimony of the petitioner is stated to be supported by WhatsApp chat and messages between the parties. There is no opportunity given to rebut the said evidence by the wife,” the court observed.
The High Court further stated that merely relying on chat messages, without proper examination of evidence and without hearing both sides, cannot be sufficient to dissolve a marriage.
After considering the circumstances, the High Court set aside the divorce judgment passed by the Family Court in Nashik. The bench directed that the matter be sent back to the Family Court for a fresh determination after allowing both parties to present evidence.
The court also noted that the parties are free to explore the possibility of settlement through mediation during the proceedings.
With these directions, the Family Court Appeal and the connected interim application were disposed of.
Case Title: Supriya Gaurav Devare v. Gaurav Jitendra Patil
Case Number: Family Court Appeal No. 70 of 2025
Date of Decision: 27 February 2026
Advocates:
- For the Appellant: Shubham S. Sane
- For the Respondent: Sanjay P. Shinde with Prathmesh T. Bhanuwanshe
