Bombay High Court On Divorce: ‘SMS or WhatsApp message does not prove harassment’, big decision of Bombay High Court in divorce case

Mumbai Many times such cases of divorce come in which messages sent through SMS or WhatsApp are said to be the basis of harassment. In a similar case, the Bombay High Court has canceled the divorce granted to the husband from the Family Court of Nashik. Bombay High Court said that mental harassment of a wife cannot be proved merely on the basis of SMS or WhatsApp message. Bombay High Court said that the wife was not given a chance to present her side. It is not right to divorce for this reason. Nashik’s Family Court had accepted the man’s divorce petition. The family court had accepted the husband’s testimony and WhatsApp and SMS messages as evidence.

Bombay High Court did not accept the decision of Nashik Family Court as correct. The High Court said that the wife did not get a chance to present her side on the allegations leveled against her and the messages sent through SMS and WhatsApp or to challenge the husband’s allegations. Bombay High Court said that divorce cannot be granted only on the basis of WhatsApp chats. The wife should also be given full opportunity to present her side and present evidence. The husband had filed an application in the family court saying that the wife used to pressure him to shift to Pune. He had also accused his wife of insulting his family and mental harassment through WhatsApp and SMS messages.

Hearing the husband’s application, Nashik’s Family Court had said in its decision that if a woman pressures her husband to leave his parents and live in another city and uses derogatory language towards her in-laws, then it can be considered as mental cruelty. On this basis the family court had approved the divorce. Now after the decision of Bombay High Court, the case has again gone to the Family Court of Nashik. Where the woman will get a chance to express her views. Then the family court will decide whether the divorce should be considered or not. However, in this case both the parties will get a chance for a long legal battle in the future. After the decision of the Family Court, if they wish, they will be able to go to the High Court and the Supreme Court.

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