The Bombay High Court has set aside an ex-parte divorce decree granted by the Family Court at Nashik. It held that the Family Court could not grant divorce merely on the basis of WhatsApp chats without giving the wife a chance to rebut the material.
A Division Bench of Justice Bharati Dangre and Justice Manjusha Deshpande passed the order on February 27, 2026 in Family Court Appeal No. 70 of 2025 along with Interim Application No. 9533 of 2025. The Bench set aside the Family Court’s Judgment and Order dated May 27, 2025 passed in Petition No. A-185 of 2024.
Background Of The Appeal
The appeal challenged the Family Court’s decision that granted divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955. The Family Court had allowed the husband’s petition on the ground of cruelty.
Advocate Shubham S. Sane appeared for the appellant-wife. Advocate Sanjay P. Shinde, along with Advocate Prathmesh T. Bhanuwanshe, represented the respondent-husband.
What The Family Court Held
The Family Court recorded that the husband’s testimony remained unchallenged. It said WhatsApp and SMS chats exchanged between the parties supported his case.
In its observations, the Family Court said the chats showed that the wife insisted on migrating to Pune instead of staying in Nashik. It also noted allegations that she used derogatory language for her sister-in-law and mother-in-law.
The Family Court further observed that the wife’s statement questioning whether the husband’s sister would “role play as his wife” amounted to serious mental cruelty. It also recorded that she allegedly pressured the husband to shift to Pune despite the matrimonial home being in Nashik. It referred to alleged emotional blackmail and intemperate language against him and his family.
On this basis, the Family Court concluded that the husband could not reasonably be expected to live with the wife. It then granted a decree of divorce.
High Court’s Findings
After examining the record, the High Court noted that the Family Court relied on WhatsApp chats and messages to support the husband’s testimony. However, the wife did not get any opportunity to rebut or challenge that evidence.
The Division Bench observed that the court could not treat such chats as the sole basis to grant divorce when the allegations had not been proved through proper evidence. It held that the decree of divorce could not stand in these circumstances.
Remand And Further Directions
The High Court set aside the May 27, 2025 judgment and order passed by the Family Court, Nashik in Petition No. A-185 of 2024. It remanded the matter to the Family Court for determination of all issues after the parties lead evidence.
The Bench also recorded that, as suggested by the counsel for the respondent, the parties would be at liberty to explore settlement through mediation during the pendency of proceedings before the Family Court.
With these directions, the Family Court Appeal and the pending Interim Application were disposed of.
