Hindu marriage act
S.N.Derashri
(Querist) 17 June 2017
This query is : Resolved
A the husband filed a divorce petition against wife on the ground that she indulged in an extra marital relation with somebody after marriage. to prove this fact he has submitted in court a pinhole camera, a memory card (said to have recorded the persons in act through the pinhole camera) and DVDs prepared from the said recording of memory card. In his evidence the husband got these things marked as Article/Exhibit. Neither any certificate U/s 65 B has been tendered in evidence nor the DVDs or the memory card was played before the Court during his evidence nor he stated a word about the contents of the DVD or the Memory Card nor he stated that the act of his wife and her paramour was recorded by him through this camera.
Wife in her evidence refused the allegation and denied the presence of herself and the paramour in the DVD when it was played before her in cross examination. The date depicted in the said recording is a date much prior to marriage.
In these fact and circumstances my query is-
1- whether the electronic evidence submitted by the husband can be read in evidence in absence of certificate U/s 65 B and of the Evidence Act as sec. 14 of the family courts act overrides the provisions of evidence act?
2- whether in absence of ocular statement by husband by identifying the wife an her paramour in action in the said DVD by playing the same in the Court during his Exam in chief, the husband has been able to prove charge of involving wife in sexual act with a person other than spouse after marriage.
3- whether depiction of date prior to marriage in the DVD will render the recording forged.
4- whether the court can consider the charge of adultery proved in these circumstances.
5- whether under the garb of provisions of sec. 14 family courts act the court can overlook the necessity of proving electronic documents as per provisions of Information Technology Act.
Kindly refer citation/s if any in support of answer.
Thanks a lot in advance.
Sudhir Kumar, Advocate
(Expert) 18 June 2017
"The date depicted in the said recording is a date much prior to marriage. "
This sentence itself makes all these questions redundant.
P. Venu
(Expert) 18 June 2017
Let the court adduce evidence and pronounce its decision. Fruitful discussion is possible only thereafter.
S.N.Derashri
(Querist) 22 June 2017
Sir
my query is regarding the application of sec. 14 of family courts act vis. a vis. sec. 65 B of Evidence act and a detailed reply in this regard.
Kumar Doab
(Expert) 24 June 2017
Agreed with observation of Mr. Sudhir Kumar.
