Court Can Assess Materials From Social Media Produced By Husband To Prove Wife's Adultery & Resist Interim Maintenance: Punjab & Haryana HC

The Punjab and Haryana High Court had said that husband can raise plea of adultery to resist the interim-maintenance proceedings instituted by the wife and evidence from social media can be considered by the Court at that stage.

Justice Sumeet Goel said, "The husband is entitled to raise the plea of adultery by the wife; in proceedings pertaining to adjudication of interim maintenance and expense of proceedings (more commonly referred to as litigation expenses); so as to plead that such prayer by wife be dismissed."

The Court further said that, the material pertaining to social media etc., produced by the husband, in order to prove the adultery of wife, can be looked into by the Court even at the stage of adjudication of interim maintenance.

It added that the Court can consider any material "essential for effectively adjudicating a lis before it, whether or not it meets with the requirements of Indian Evidence Act, 1872/The Bharatiya Sakshya Adhiniyam, 2023."

The Court also said, "The current social life is now extensively and even openly, technologically, engaged on the social media platforms/apps videlicet Facebook, Twitter, Instagram, Whatsapp. et al, while the social network footprints (including photographs, textual exchanges) can be well-mapped for evidentiary purposes as also can be taken a judicial notice of."

These observations were made while hearing a revision plea filed a husband against the family court's order directing him to pay an interim maintenance of Rs. 3,000 per month to his wife and one time litigation expenses of Rs. 10,000.

Counsel appearing for the husband alleged that the wife was living in adultery and thus was not entitled to interim maintenance under Section 125 of the CrPC.

After hearing the submissions, the Court considered, "whether the husband...is permitted to raise the plea that the wife is not entitled to interim maintenance and expense of proceedings , on the ground that she is living in adultery, in terms of the statutory provision contained in Section 125(4) of the Cr.P.C., 1973/Section 144(4) of BNSS, 2023."

The Court observed that the husband cannot forsake his duty towards his wife, especially if it will otherwise lead to penury and hardship for the wife.

"At the same time, it must be borne in mind that the Court ought not to take a lopsided view without taking into account the statutory mandate contained in Section 125(4 and 5) of Cr.P.C./Section 144(4 and 5) of BNSS, 2023," the Court quickly added.

Shakespeare's Advise

With respect to the allegations of adultery the Court said that the burden of proving the act of adultery by a spouse is on the one who raises the same. "It goes without saying that adultery, which mostly happens behind closed doors, is difficult to be proved beyond all reasonable doubts."

Justice Goel said, just as Shakespeare advised, “Let every eye negotiate for itself/And trust no agent...” (Much Ado About Nothing; Act II, Scene I), all the actions of adultery can be perceived, deciphered and ascertained by discerning observations within the context.

On evidence taken from social media the judge said, even if it were to be possible to manipulate or morph photos, all and any photographic and social media material cannot be ignored outrightly on such a supposition. 

In the present case, the Court after examining the photos produced opined that, "wife has a kind of relationship, akin to being spouses, with a person other than the petitioner (husband)."

It also considered that wife admitted that she is living with another man.

Consequently, the Court opined that the wife is not entitled to receive interim maintenance and litigation expenses from the husband.

Mr. Pardhuman Garg, Advocate for the petitioner.

Mr. Simranjeet S. Sarwara, Advocate and

Ms. Khushika Setia, Advocate for the respondent.

Title: MXXXXX v. XXXX

Citation: 2024 LiveLaw (PH) 279