Case at a Glance
A Family Court in Ambikapur had dismissed a wife’s divorce petition, discarding her WhatsApp messages for want of proof of phone ownership. The Chhattisgarh High Court reversed it, holding that a Family Court is not fettered by strict rules of admissibility, that the husband never denied the messages or challenged the evidence, and that harassing a working wife and sending disrespectful messages about her family amounted to mental cruelty.
The parties married on 5 December 2021 under Hindu rites in Ballia, Uttar Pradesh. The wife alleged abuse and assault within about a month of marriage, threats, abusive text messages to her and her sisters, and a demand for an air conditioner as dowry with threats to sell her jewellery. She sought divorce on the ground of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act.
The husband did not contest and was proceeded ex parte. On 2 April 2024 the Family Court, Ambikapur dismissed the suit, holding cruelty not proved and discarding the WhatsApp exhibits as incomplete and lacking proof of phone ownership. During the appeal the wife also sought to add a later complaint alleging harassment at her office, under Order XLI Rule 27 CPC.
The Key Question Before the Court
Can a Family Court reject unchallenged WhatsApp messages for technical reasons, and do they establish mental cruelty?
Section 14 of the Family Courts Act and Unrebutted Evidence
The Bench first rejected the application for additional evidence, noting that the Family Court had not refused the documents, no due diligence was shown, and the outcome of the later complaint was unknown, so its allegations could be “neither proved nor disproved”. On the main appeal, it held that under Section 14 of the Family Courts Act “the Family Court is not fettered by the strict rules of relevancy and admissibility” and may receive material that assists it. The judgment does not expressly discuss Section 65B of the Evidence Act.
The Court found it significant that “the husband has not specifically denied or controverted the contents” of the messages, nor challenged the evidence of the wife and her mother, and drew an adverse inference. Applying Samar Ghosh v. Jaya Ghosh and Vishwanath Agrawal v. Sarla Vishwanath Agrawal, it held that, the appellant being a working woman, subjecting her to such harassment and sending disrespectful messages about her family amounted to mental cruelty.
What the Court Actually Held
- The application under Order XLI Rule 27 CPC for additional evidence was rejected.
- A Family Court is not bound by strict rules of admissibility and may consider material that assists it under Section 14 of the Family Courts Act.
- Unchallenged WhatsApp messages and unrebutted testimony established mental cruelty.
- The appeal was allowed, the marriage dissolved, and the wife given liberty to seek permanent alimony under Section 25 HMA.
Why This Judgment Matters
- It guides Family Courts on weighing electronic messages in matrimonial cases.
- It shows the consequence of a spouse choosing not to contest or deny evidence.
- It recognises harassment of a working spouse as mental cruelty.
What Should Advocates Take Away From the Judgment?
For Petitioners
- Exhibit the messages and lead corroborative oral evidence.
- Remember that alimony must be specifically claimed; liberty may otherwise be needed for a separate application.
For Respondents
- Specifically deny or challenge electronic evidence; silence may lead to an adverse inference.
- Participate in proceedings rather than remain ex parte.
Key Takeaways
- Family Courts have flexibility on admissibility.
- Unrebutted messages carry weight.
- Harassing a working wife is cruelty.
- Liberty to seek alimony reserved.
Frequently Asked Questions
It found cruelty not proved and discarded the WhatsApp messages as incomplete and lacking proof of phone ownership.
The judgment does not expressly discuss Section 65B; it relied on Section 14 of the Family Courts Act and the absence of any denial.
No. None was claimed, but the wife was given liberty to apply for permanent alimony under Section 25 of the Hindu Marriage Act.
Conclusion
The decision shows appellate courts looking at substance over form when electronic evidence of cruelty stands unrebutted.
Practical takeaway: In divorce cases, WhatsApp messages that the other side never denies can establish cruelty, and Family Courts should not discard them on narrow technical grounds.
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