Divorce Cannot Rest Solely on WhatsApp Chats: Bombay HC

Divorce Cannot Rest Solely on WhatsApp Chats: Bombay HC

In Supriya Gaurav Devare v. The Bombay High Court overturned an ex-parte divorce decree that was granted after claims of mental cruelty in the Hindu Marriage Act, 1955. The Family Court had been largely based on the WhatsApp messages and SMS conversations claiming of abusive behavior and marital coercion. The Bench of Justice Bharati Dangre and Justice Manjusha Deshpande were of the opinion that electronic communications are electronic evidence and they have to be demonstrated in accordance to Indian Evidence Act, 1872 before they can rely on them. The Court highlighted the natural justice principles in that the wife had no chance to dispute authenticity or to cross-examine evidence. It decided that unproven WhatsApp conversations do not suffice to prove cruelty when it comes to matrimonial law. The divorce order was therefore overturned and the case was sent back to the Family Court to be retried again with both parties allowed to provide evidence and challenge digital records in the appropriate way.