In a significant ruling underscoring the challenges posed by the rise of deepfakes, the Delhi High Court recently refused to accept photographs submitted by a husband to support claims of his wife’s alleged adultery without thorough verification through a trial.
In a case where the husband was contesting a family court order that directed him to pay ₹75,000 per month in maintenance to his wife and child, the High Court emphasized the necessity of proving the authenticity of evidence in the modern digital age. Justices Rajiv Shakdher and Amit Bansal, addressing the issue, highlighted the pervasive threat of deepfakes, stating that such allegations must be substantiated through rigorous evidence.
“We may take judicial notice that we are living in the era of deepfakes,” noted the judges, pointing out that the authenticity of the photographs in question was not clear. They asserted that it was imperative for the husband to prove the legitimacy of these images in the family court trial.
The ruling, dated May 28, reflects the court’s cautious approach in an era where digital manipulation of images can easily mislead. The High Court criticized the husband for not raising the adultery claim sufficiently in the family court and suggested that a review petition could have been a more appropriate course of action if he felt the claim was ignored.
The case revolves around a couple who married in 2018 and have a five-year-old daughter. The wife, a post-graduate currently unemployed and living with her parents, had initially sought ₹2,00,000 per month in maintenance, but the family court settled on ₹75,000.
While the husband, an architect, contested this order, alleging adultery on his wife’s part, the High Court upheld the family court’s decision, stressing the need for concrete evidence rather than unverified photographs.
This judgment serves as a reminder of the judicial system’s vigilance against the misuse of digital technology to fabricate evidence and the importance of thorough verification in legal proceedings.
