The Delhi High Court has dismissed a man’s attempt to evade paying maintenance to his estranged wife by alleging adultery, citing photographs as evidence. The court emphasized the need for substantial evidence, especially in the era of “deepfakes,” before accepting such claims in family court proceedings.
A division bench comprising Justices Rajeev Shakdher and Amit Bansal examined the presented photographs but found it inconclusive whether the woman depicted was indeed the wife. Citing the prevalence of deepfake technology, the court underscored the importance of establishing authenticity through proper evidence.
“We have looked at the photographs. It is not clear as to whether the respondent/wife is the person in the photographs…this is an aspect that the appellant/husband, perhaps, would have to prove by way of evidence before the family court,” stated the court.
Both parties were granted the opportunity to present their evidence in the ongoing divorce proceedings.
The husband had appealed against a family court order requiring him to pay ₹ 75,000 per month in maintenance to his wife and daughter. The wife, a post-graduate in Mass Communication, had been residing with her parents and unemployed since their separation.
The high court noted that the adultery allegation was not previously raised in the family court and deemed it a “measure of desperation” by the husband to evade his obligations. Consequently, the court upheld the family court’s maintenance order, dismissing the husband’s appeal.
