A demand for an air-conditioner, allegations of physical assault and abusive WhatsApp messages targeting her sisters became part of a woman’s case for ending a marriage she said was marked by repeated harassment. The Chhattisgarh High Court has now granted her divorce, holding that the unchallenged WhatsApp messages reflected conduct that caused “deep mental anguish” and amounted to grave mental cruelty.Justices Parth Prateem Sahu and Sushma Sawant were hearing the woman’s appeal against an April 2, 2024 judgment of a family court, which had rejected her divorce plea on the ground of cruelty.“The WhatsApp chats produced on record concerning the family members, viewed in their proper perspective, clearly disclose conduct falling within the ambit of mental cruelty…he did not hold a respectful or appropriate view even towards his sisters-in-law. Such conduct, particularly when directed towards the family members of the wife, would undoubtedly cause deep mental anguish and constitute grave mental cruelty to any wife,” the court said on September 23 granting the divorce.The couple married on December 5, 2021, according to Hindu rites and customs, at the residence of the woman’s maternal uncle in Ballia, Uttar Pradesh. According to her, they lived together for about a month before she alleged that her husband began abusing and assaulting her. She later returned to the matrimonial home in April 2022 but alleged that the abusive behaviour resumed after a brief period of normalcy. Justice Parth Prateem Sahu and Justice Sushma Sawant noted that the husband had not challenged the WhatsApp messages produced by the woman before the court. (Image enhanced using AI)Woman alleged assault, AC demandAccording to the woman’s pleadings seeking divorce, she informed her mother and elder brother about the alleged abuse. She said her family members tried to speak to her husband, but he abused them and refused to converse with them. She alleged that after returning to the matrimonial home in April 2022, her husband again started hurling filthy abuses at her and threatening to kill her. She eventually returned to Ambikapur with her brother.She further alleged that her husband physically assaulted her. When her two younger sisters objected to his conduct, he allegedly went to his house and sent messages containing filthy abuses to the mobile phones of the woman and her sisters. She said the messages frightened them.The woman also alleged that her husband demanded an air-conditioner as dowry and threatened to sell her jewellery if the demand was not fulfilled. She eventually left the matrimonial home and continued to live separately in Ambikapur.Story continues below this adThe husband did not file a written statement before the family court in the divorce case. Despite service of summons, he remained absent and was proceeded against ex parte. The woman and her mother gave evidence, no oral or documentary evidence was produced on behalf of the husband. The family court concluded that the woman had failed to prove cruelty and dismissed her divorce case on April 2, 2024.WhatsApp chatsThe woman challenged that decision before the high court and relied, among other things, on screenshots of WhatsApp messages produced before the family court. The family court had discarded the chats on the ground that there was no evidence establishing the identity of the holder of the mobile phone and that the conversations were incomplete.The high court said the messages could not be altogether brushed aside, particularly because the husband had not specifically denied or controverted their contents. The bench also explained that family courts have wider discretion in receiving material that may assist them in effectively deciding matrimonial disputes.The bench noted that cruelty is not specifically defined under the Hindu Marriage Act and that its assessment depends on the circumstances of the matrimonial relationship. Relying on Supreme Court precedent, the high court observed that ordinary disagreements, trivial irritations and the normal wear and tear of married life would not by themselves amount to mental cruelty.Story continues below this adAt the same time, sustained abusive and humiliating treatment that makes matrimonial life intolerable can constitute mental cruelty. The court also noted that matrimonial conduct has to be assessed by looking at the relationship as a whole rather than isolated incidents.The bench said the woman was a working woman and held that the harassment established from the material before it fell within the ambit of cruelty. It specifically found that the WhatsApp chats concerning her family members disclosed conduct amounting to mental cruelty.During the appeal seeking divorce, the woman also sought to introduce a police complaint dated August 25, 2026 as additional evidence. She alleged that during the pendency of the appeal, the husband continued to visit and harass her, including at her workplace, and insisted that she sign papers for divorce. She approached the police following the alleged incident.The high court rejected the request to take the complaint on record and noted that the material only showed that a complaint had been made to the police. There was no information before the court about the outcome of the FIR, whether a private complaint had been filed before a court or whether the matter had proceeded to trial.Story continues below this adThe high court ultimately found that the family court had erred in appreciating the material on record and that its judgment warranted interference and allowed the appeal, set aside the family court’s April 2, 2024 judgment, and granted the woman a decree of divorce.