Archive · 3 Oct 2026
Allahabad High Court Says Instagram Chats Alone Cannot Prove Adultery
A husband asked the court to stop paying maintenance to his wife because he said she was having an affair.
He showed printouts of Instagram messages between her and an advocate.
The Allahabad High Court said messages by themselves do not prove that someone is continuously living in adultery.
The court said the husband needed clear evidence of an ongoing relationship.
It also said there must be supporting evidence of physical intimacy or living together.
The messages did not have the certification required for electronic evidence.
The court therefore rejected the husband’s challenge.
The family court’s maintenance order remained in place.
The Allahabad High Court said social media messages alone cannot prove a wife is continuously living in adultery.
The husband relied on printouts of alleged Instagram chats between his wife and an advocate.
The court said the allegation requires clear evidence of a continuing, habitual course of conduct, not merely conversations or suspicion.
It said messages without corroborating evidence of physical intimacy or cohabitation were insufficient, and noted the chats lacked required Section 65-B certification.
The court dismissed the husband’s challenge and upheld the family court’s order directing him to pay maintenance.
- Who
- The Allahabad High Court, in a case brought by a husband challenging maintenance awarded to his wife.
- What
- The court ruled that social media messages alone were insufficient to establish continuous adultery and dismissed the husband’s challenge.
- When
- The judgment was dated September 29, 2025; reports were published October 2, 2025. One report also refers to proceedings on October 1.
- Where
- The case concerned a Family Court order from Sambhal at Chandausi and was heard by the Allahabad High Court.
- Why
- The husband sought to deny maintenance by alleging that his wife was continuously living in adultery, but the court found his evidence insufficient.
Husband’s Position
High Court’s Finding
Whether maintenance should be denied
Husband’s Position
The husband argued that his wife was living in adultery and was therefore not entitled to maintenance.
High Court’s Finding
The court said continuous adultery must be established with clear and cogent evidence; the material presented did not meet that standard.
Value of Instagram messages
Husband’s Position
The husband relied on alleged Instagram chats between his wife and an advocate to support his allegation.
High Court’s Finding
The court said unverified messages without corroborating evidence of physical intimacy or cohabitation were insufficient.
Electronic evidence requirements
Husband’s Position
The husband submitted chat printouts in support of his challenge.
High Court’s Finding
The court noted that the messages lacked the statutory certification required under Section 65-B of the Indian Evidence Act.
- Court
- Allahabad High Court
- Judge
- Justice Jai Krishna Upadhyay
- Husband’s evidence
- Printouts of alleged Instagram chats between his wife and an advocate
- Court’s evidentiary standard
- Clear and cogent evidence of a continuous, ongoing, habitual course of adulterous conduct
- Corroboration discussed
- Evidence of physical intimacy or cohabitation
- Electronic evidence
- The husband had not produced the statutory certification required under Section 65-B of the Indian Evidence Act
- Outcome
- The husband’s challenge was dismissed and the maintenance order was upheld
- Date discrepancy
- The judgment is described as dated September 29, while one report refers to proceedings on October 1, 2025
