Bombay High Court: WhatsApp Chats Alone Not Enough for Divorce, Cruelty Must Be Proven

The Bombay High Court has ruled that a divorce order cannot be granted solely based on WhatsApp chats without evidence. A bench of Justices Bharati Dangre and Manjusha Deshpande made this observation while hearing a woman's family court appeal.

The bench stated that allegations of cruelty under Section 13(1)(ia-a) of the Hindu Marriage Act, 1955, must be proven by legally admissible evidence, and the opposing party must be given an opportunity to rebut the material relied upon.

The woman challenged the Family Court's ex-parte judgment and order dated May 27, 2025, in which the Family Court granted her husband's divorce petition under the Hindu Marriage Act on the grounds of cruelty.

The wife, who appealed, argued that the decree was passed unilaterally. The Family Court relied solely on WhatsApp chats and SMS exchanges between the parties. The High Court set aside the Family Court's order.

Bombay High Court says, "Talaq-e-Ahsan is not prohibited, only triple talaq is illegal."

The Bombay High Court stated that only instant triple talaq is prohibited, not talaq-e-Ahsan. Justices Vibha Kankanwadi and Sanjay Deshmukh of the High Court's Aurangabad bench stated that the definition of divorce under the Muslim Women (Protection of Marriage Rights) Act includes forms of divorce that have immediate effect or are irreversible.

"Calling a husband impotent during a divorce case is not defamation," the Bombay High Court said. "Wife has the right to make allegations."

The Bombay High Court dismissed a man's defamation complaint against his wife and her family. The court stated that a wife calling her husband impotent during divorce proceedings cannot be considered defamation if she makes these allegations to protect her own interests.

"Refusing physical relations and then suspecting the husband is cruelty," the Bombay High Court said, adding that this would be grounds for divorce.

The Bombay High Court held in a divorce case that a wife refusing physical relations with her husband and then suspecting him of having an affair with another woman constitutes cruelty. Such a situation is a valid ground for divorce. Justices Revati Mohite Dere and Neela Gokhale made these observations, upholding the Pune Family Court's divorce decision.