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Synopsis

The Delhi High Court, recently, acknowledged the current prevalence of deep fakes while assessing the adulterous images presented by a husband against his wife. The husband had approached the court challenging the maintenance order, contending that his wife was living in adultery.  

“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… 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”, the bench of Justice Rajiv Shakdher and Justice Amit Bansal held.

An appeal was filed by the husband challenging the maintenance judgment and order of the family court. Per the family court’s findings, the wife was a post-graduate in Mass Communication, however, following the separation, resided with her parents and remained unemployed. The family court had directed the husband to provide Rs. 75,000 as cumulative maintenance for both his wife and their daughter.

Advocate Prateek Goswami, representing the husband, alleged that the wife was living in adultery, citing certain photographs attached to the appeal. 

Upon review, the high court noted that the accusation of adultery was not raised before the family court. The court further noted that even if it had been raised, it was disregarded by the family court. The court further noted that the husband should have filed a review before the family court. 

“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”, the court, regarding allegations of adultery, opined. 

Accordingly, the court dismissed the appeal. 

Case Title: Nirmaan Malhotra v Tushita Kaul (2024:DHC:4693-DB)