India

Delhi High Court Upholds Family Court’s Ruling On Monthly Maintenance For Wife

The Delhi High Court has upheld a family court’s decision to require a husband to pay monthly maintenance to his Wife. The amount of Rs 75,000 is to be given to the wife and child, despite the husband’s challenge based on allegations of adultery.

The recent judgment is pronounced by Justice Rajiv Shakdher and Justice Amit Bansal. The court refused to consider photographs submitted by the husband as evidence of his wife’s alleged adultery. Citing the prevalence of deepfakes, the court emphasized the need for such evidence to be proven in a trial.

The court remarked that it was unclear from the photographs whether the wife was indeed depicted. That highlighted the challenges posed by deepfakes in verifying digital evidence. The judges stressed the importance of verifying such claims through proper legal proceedings.

Additionally, the court noted that alleged adultery was not mentioned before the family court during the initial proceedings. The Delhi High Court was considering an appeal by an architect against the family court’s order of monthly maintenance. The bench suggested that this aspect could be addressed through a review petition in the family court.

The couple, who married in 2018 and have a 5-year-old daughter appeared before the court for divorce. Currently, the wife is a postgraduate, unemployed, and residing with her parents. Despite her initial demand for Rs 2,00,000 as monthly maintenance, the family court settled on Rs 75,000.

The High Court’s decision underscores the need for proper legal procedure in addressing allegations of adultery and other sensitive issues within family disputes. It highlights the challenges posed by emerging technologies like deepfakes in the realm of legal evidence.

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Shibra Arshad

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