38.6c New Delhi, India, Monday, July 15, 2024
Judiciary

In era of deepfakes, photos by spouse alleging adultery need to be verified by evidence: Delhi HC [Read Judgment]

By Shreya Agarwal      11 June, 2024 06:25 PM      0 Comments
In era of deepfakes photos by spouse alleging adultery need to be verified by evidence Delhi HC

NEW DELHI: The Delhi High Court has refused to accept pictures claiming adultery in a case where a man challenged maintenance awarded to his ex-wife on the ground that she was adulterous. The Court observed that 'in an era of deepfakes, this aspect will have to be proved by way of evidence'.

A division bench of Justices Rajiv Shakdher and Amit Bansal added expressed its reservations on accepting the husband's defence against payment of the maintenance amount. It stated, "We have looked at the photographs. It is not clear as to whether the respondent/wife is the person in the photographs, as alluded to by the learned counsel for the appellant/husband."

Taking judicial notice of the possibility of tampering with the photographs, the Court said, "We may take judicial notice of the fact that we are living in the era of deepfakes and, therefore, this is an aspect that the appellant/husband, perhaps, would have to prove by way of evidence before the Family Court."

In the era of deepfakes, photographs produced by a spouse alleging adultery by the other partner would have to be proved by way of evidence before the family court, the Delhi High Court has said. 

The bench noted that since the petition instituted by the husband for divorce is pending adjudication, if this issue is pressed, the court may give opportunity to the parties to place their evidence on record in support of their respective cases.

"Notably, this aspect, which is vehemently pressed before us, almost as a measure of desperation to wriggle out of the obligation cast in the impugned judgment, finds no mention in the impugned judgment (of family court)," the high court said.

The husband's counsel claimed that this aspect was raised before the family court, however, it was ignored while rendering the judgment.

"If this was the situation, the best course open to the appellant/ husband was to move an application for review before the family court. However, no such measure has been taken recourse to by the husband," it said.

The man, an architect, had challenged an April 15 order of the Family Court awarding Rs 75,000 with yearly increase in maintenance at the rate of 7%, as monthly maintenance to his separated wife and 5-year-old daughter.

Against this, he took two defences - the first was that his income itself was only Rs. 40,000 - Rs. 41,000/- per month. The second was that his wife was living in adultery, which he sought to press by way of photographs.

The bench rejected both the defences, noting that the man's bank statement was not commensurate with his claim that he earns only around Rs. 40,000 per month.

Rejecting the man's appeal of adultery, the Court took note of the fact that the ground was not raised in the Family Court at all, as conceded by him.

Further, it noted that, "this aspect, which is vehemently pressed before us, almost as a measure of desperation to wriggle out of the obligation cast in the impugned judgment, finds no mention in the impugned judgment."

While the man contended that it had been raised before the Family Court but ignored by it, the bench was of the opinion that in this case it should have been raised in a review before the same court.

"However, no such measure has been taken recourse to by the appellant/husband," the Court observed.

Therefore, it went on to hold that it found "no merit in the appeal. The appeal is, accordingly, dismissed."

In this case the wife was also a mass communication post-graduate, currently unemployed and living with her parents.

She had claimed Rs 2 lakh per month as monthly maintenance from her husband, which was pared down by the Family Court to its current amount.

Cause Title: Nirmaan Malhotra v Tushita Kaul

[Read Judgment]



Share this article:

About:

A wanderer, aspiring yogini and writer. Shreya is a lawyer by profession, journalist by passion. A g...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

'Without documentary proof, Waqf Board can't lay claim over any property' 'Without documentary proof, Waqf Board can't lay claim over any property'

In 2012, the Anjuman Committee addressed a letter to the Chairman of the Waqf Board stating there is a wall and Chabutrah (platform) on a 'Tiranga Ki Qalandari Masjid’ where in olden times laborers used to offer prayers.

Delhi High Court Sets Aside Arbitral Tribunal's Award Against NHAI in Highway Project Delay Case [Read Judgment] Delhi High Court Sets Aside Arbitral Tribunal's Award Against NHAI in Highway Project Delay Case [Read Judgment]

The Delhi High Court sets aside an Arbitral Tribunal's award favoring IRB Pathankot Amritsar Toll Road Ltd over a delay in a highway project. The court finds that the tribunal did not address the essential dispute of whether the National Highways Authority of India (NHAI) was in material default, rendering the award invalid.

Delhi Court Rejects Stay Request in Defamation Case Against Rajasthan CM Ashok Gehlot [Read Order] Delhi Court Rejects Stay Request in Defamation Case Against Rajasthan CM Ashok Gehlot [Read Order]

A Delhi court refuses to stay the defamation case filed by Union Cabinet minister Gajendra Singh Shekhawat against Rajasthan Chief Minister Ashok Gehlot. The court declined to stay the summons and sets a hearing date for August 19.

Delhi High Court to Commence Daily Hearings on August 28 for Appeals Against Acquittals in 2G Case Delhi High Court to Commence Daily Hearings on August 28 for Appeals Against Acquittals in 2G Case

Delhi High Court is set to begin day-to-day hearings from August 28 for appeals by CBI and ED against acquittals in the 2G spectrum allocation case, expressing displeasure over adjournment requests. The case involves former telecom minister A Raja and business entities. Learn about the proceedings and details of the case.

TRENDING NEWS

need-to-develop-law-legal-education-in-vernacular-languages-cji
Trending Judiciary
Need to develop law, legal education in vernacular languages: CJI [Read Speech]

CJI D.Y. Chandrachud emphasizes the need for developing law and legal education in vernacular languages to make legal systems accessible to all citizens.

15 July, 2024 09:30 AM
cic-has-powers-to-set-up-benches-sc
Trending Judiciary
CIC has powers to set up benches: SC [Read Judgement]

The Supreme Court affirms CIC's authority to set up benches, emphasizing its autonomy for efficient case management under the RTI Act, overturning the 2010 Delhi HC order.

15 July, 2024 09:42 AM

TOP STORIES

journalist-soumya-vishwanathan-murder-case-sc-issues-notice-to-4-convicts-on-appeal-by-delhi-police
Trending Crime, Police And Law
Journalist Soumya Vishwanathan murder case: SC issues notice to 4 convicts on appeal by Delhi police

SC issues notice to 4 convicts in Soumya Vishwanathan murder case on Delhi police's appeal against their bail. Convicts had served over 14 years.

09 July, 2024 09:49 AM
why-indian-high-courts-still-have-old-names-despite-change-in-city-name
Trending Judiciary
Why Indian High Courts still have old names despite change in city name ? [Watch Video]

Know the reasons why Indian High Courts, like Bombay HC, Madras HC, and Calcutta HC, Allahabad HC still retain their old names despite the cities’ name changes. LawStreet Journal delves into the historical and legal context. Watch report !

09 July, 2024 09:56 AM
what-is-keir-starmer-stance-on-kashmir-issue
Trending International
What is Keir Starmer’s stance on Kashmir issue ? [Watch Video]

Under Keir Starmer, the UK's Labour Party shifts its stance on Article 370, focusing on strategic ties with India, moving from past criticisms to cooperation.

09 July, 2024 10:04 AM
ed-moves-sc-against-jharkhand-hc-order-of-bail-to-cm-hemant-soren
Trending Judiciary
ED moves SC against Jharkhand HC order of bail to CM Hemant Soren

ED moves SC against Jharkhand HC's bail order for CM Hemant Soren in a money laundering case linked to an alleged land scam.

09 July, 2024 12:14 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email