The Punjab and Haryana High Court has delivered a landmark decision affirming that social media evidence is admissible in adjudicating adultery allegations during interim maintenance hearings.
Justice Sumeet Goel clarified that family courts have the discretion to examine any pertinent evidence, including digital data from platforms like Facebook, Twitter, Instagram, and WhatsApp. “Social media content brought forth by the husband aiming to demonstrate the wife’s adultery is considerable during the interim maintenance and litigation expense decisions,” Justice Goel stated.
This judgment arrives irrespective of whether such evidence strictly adheres to the Indian Evidence Act or Bharatiya Sakshya Adhiniyam, reinforcing the evolving nature of legal evidentiary standards.
The case centered around a husband’s revision petition against a family court order, which mandated him to pay ₹3,000 monthly for interim maintenance and a one-time litigation fee of ₹10,000 to his wife. His legal team presented photographs and other digital content as evidence of the wife’s involvement with another man, challenging her entitlement to the maintenance.
Contrastingly, the wife’s attorney argued that adultery accusations are inappropriate at the interim maintenance determination phase and questioned the validity of the husband’s evidence.
Justice Goel’s ruling highlighted that the application of justice must evolve with technological advancements, permitting courts to consider digital footprints as substantive evidence. “The reality of our current social engagements through digital platforms allows such material to be used effectively in court proceedings,” he added.
Upon reviewing the submissions, the court concluded that the evidence sufficiently indicated a relationship between the wife and another individual. Coupled with her admission of living with the man, the court deemed her ineligible for the claimed financial support.
