Sakina Tashrifwala
Published on: 06 December 2022 at 22:02 IST
The Gujarat High Court made a statement on the matter of adultery claims, saying that a man cannot show that his wife is having an adulterous life by providing only images.
To support his argument that his wife is involved in an extramarital affair and, hence, not entitled to maintenance, the man presented images of her to the HC. “The allegation against the respondent that she leads adulterous life is required to be proved by leading cogent evidence before the court,” said Justice Umesh Trivedi.
“Production of merely photographs, that too, before this court will not suffice to assert that she leads adulterous life, and therefore, she is not entitled for maintenance.”
Woman in this instance had gone to an Ahmedabad family court to ask for temporary support for herself and her kids.
On June 14th, the family court ordered the husband to pay Rs 30,000 per month to the wife and children.
This husband went all the way to the High Court to fight the maintenance order, arguing that the family court had no jurisdiction to award interim support because his wife is living an adulterous lifestyle. He also provided tax documents showing that he was not making enough money to give his wife Rs 30,000 per month.
The wife responded with photos, registrations, and deeds to houses and high-end automobiles held by her husband. As she explained to the judge, he also has 150 autorickshaws that he rents out for money.
Moreover, the woman presented evidence that her husband is an agent at the RTO and the head of a loan company under the name Umiya Automobiles.
On November 29, after hearing both parties’ arguments, the HC ruled against the husband and upheld the support judgement.