My sister posted photo with her boyfriend in social media while her divorce case is pending

The burden lies on him to prove their marriage without which the court will not accept his allegations.

Standing near her boyfriend in their photo in social media cannot be admitted/ accepted to be married in evidence, to evade her maintenance.

The law related to maintenance is provided under section 125 of th CRPC (now section 144 of the BNSS). The numbering of the section has got changed while the law remains same. As per the law, the wife is not entitled for maintenance or interim maintenance and expenses of proceeding from her husbands if she is living in adultry, or if, without any sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent.

The picture of your sister has been posted in a public platform. The husband may use it agaisnt your sister. But it is very difficult to prove adultry with only a picture. Further, the law is not concern with the past of wives, but present. This means the husband needs to prove that the wife is presently lving in adultry.

Merely your sister's photo with his boy friend does not amount her marriage with boy friend. 

The photo, by itself, is too innocent to prove anything.

Thank you all for writing back to my question 

Standing beside someone while divorce proceedings are pending is not restricted by any Laws. Further, even in the wildest dream of the husband, he will not be able to prove adultery with such photograph. So no need to worry.

Regards

Alpa Jogi (Advocate)

Divorce Lawyer in Ahmedabad