Read the Bombay High Court’s decision to revoke the husband’s divorce because the wife’s WhatsApp conversations do not demonstrate cruelty.
The Bombay High Court overturned a divorce decree issued by the Nashik Family Court, ruling that the wife must have a full chance to state her case and that a decision cannot be made based just on WhatsApp conversations.
In a divorce case, the Bombay High Court has rendered its decision. While overturning the Nashik Family Court’s ruling, the High Court stated that both parties should have a full chance to voice their opinions before rendering a decision in any case. Giving the wife a chance to defend herself before granting a divorce is wrong.
The spouse received a divorce after the Nashik Family Court approved his plea. The primary evidence that the court took into consideration was the husband’s statement as well as the couple’s SMS and WhatsApp chats.
This accusation had come from the husband
The husband said that his wife was forcing him to relocate to Pune. In court, he shared WhatsApp conversations with her. Additionally, he said that she tortured him mentally by using derogatory language toward his in-laws.
In a decision in the husband’s favor, the Nashik Family Court ruled that it might be termed mental cruelty if a wife used hostile words against his in-laws and forced him to live apart from his parents. The court decided to award the husband a divorce based on this.
Mental cruelty may occur if the woman uses derogatory language toward the husband’s in-laws and coerces him into leaving his parents and living apart.
The High Court challenged the Nashik court’s ruling
The Bombay High Court disapproved with the Nashik court’s ruling. According to the High Court, the wife did not have a chance to voice her opinions or contest these messages. The court made it clear that WhatsApp conversations cannot be the only basis for a divorce determination.
Without hearing from both sides, such a conclusion would not be deemed proper. The Nashik Family Court has received the matter back from the High Court. The wife will now have a complete chance to defend herself and provide supporting documentation.
