The Allahabad High Court has observed that social media chats or screenshots, by themselves, cannot establish allegations of continuous adultery against a wife. The court stressed the need for corroborative evidence, including material that may establish physical intimacy or cohabitation, while considering such allegations in a maintenance dispute.
The court observed that a spouse making such a serious allegation must support it with credible corroborative evidence capable of establishing circumstances such as physical intimacy or cohabitation.
Allahabad HC’s Key Observation
A bench of Justice Jai Krishna Upadhyay made the observation while hearing a petition filed by a husband challenging a maintenance order passed by the Family Court in Chandausi, Sambhal.
The husband had approached the High Court seeking relief against the order directing him to pay maintenance to his wife.
Husband Relied on Instagram Chats
During the proceedings, the husband alleged that his wife was involved in a relationship outside the marriage and, therefore, should not be entitled to maintenance.
To support his claim, he placed before the court printouts of alleged Instagram conversations between his wife and a lawyer. The husband argued that the conversations indicated the nature of the alleged relationship and should be taken into account while deciding her entitlement to maintenance.
Chats Alone Not Enough to Establish Adultery
The High Court, however, emphasised that social media messages or chat printouts, by themselves, cannot establish that a wife is continuously living in adultery. The court indicated that such an allegation requires supporting material and cannot be inferred solely from the existence or nature of digital conversations. According to the court’s observation, other reliable circumstantial evidence may be relevant, particularly evidence capable of establishing physical intimacy, cohabitation, or other circumstances that substantiate the allegation.
What Does the Observation Mean for Maintenance Claims?The observation assumes significance as digital communications, including WhatsApp messages, Instagram chats, and other social media exchanges, are increasingly being produced as evidence in matrimonial disputes.
However, the mere existence of a conversation does not automatically establish a physical relationship outside marriage or prove continuous adultery. The observation underlines the importance of corroborative evidence when a spouse seeks to rely on allegations of adultery to contest the other spouse’s claim for maintenance. It also highlights the distinction between evidence indicating communication or acquaintance and evidence that legally establishes the specific conduct alleged before a court.
