Particle.news

Bombay High Court Quashes Nashik Divorce Decree Based Solely on WhatsApp Chats

The case returns to the family court to allow the wife to contest the cruelty claim through evidence, with mediation left open.

Overview

  • A bench of Justices Bharati H. Dangre and Manjusha Deshpande set aside the May 2025 decree that had dissolved the marriage on cruelty grounds.
  • The High Court held that excerpts of WhatsApp messages cannot by themselves establish cruelty without leading evidence and a chance for rebuttal.
  • The wife had appealed, saying the Nashik family court issued an ex-parte order without giving her an opportunity to oppose or present arguments.
  • The matter has been remanded to the Nashik family court for fresh adjudication, with explicit directions to hear the wife and permit her to lead evidence.
  • The bench noted the parties may explore settlement through mediation, a course suggested by the husband's counsel.