MAHESHWARI S.HIREMATH Vs. SHEGEDAR PRAVEEN K.

JUDGEMENT

(1.) This petition by the respondent in M.C.No.265/2018 on the file of the Principal Judge, Family Court, Kalaburgi is directed against the impugned order dtd. 25/9/2024, whereby the certificate submitted/filed by the respondent under Sec. 65A and 65B of the Indian Evidence Act was accepted by the Family Court.

(2.) Heard the learned counsel for the petitioner and the learned counsel for the respondent. Perused the material available on record.

(3.) A perusal of the material on record will indicate that the respondent-husband instituted the aforesaid matrimonial proceedings in M.C.No.265/2018 against the petitioner-wife seeking dissolution of their marriage by a decree for divorce alleging cruelty and for other reliefs. The said proceedings are being contested by the petitioner. During the pendency of the proceedings, the respondent filed an application i.e. I.A.No.VII invoking Sec. 65A and 65B of the Indian Evidence Act, 1872 for permission to produce a Compact Disc containing certain telephonic conversations between him, his parents, brothers and sisters and the petitioner. It was contended by the respondent that the said conversations were relevant and material for the purpose of adjudication of the issues in controversy between the parties. The said application having been opposed by the petitioner, the family Court allowed the said application vide order dtd. 2/2/2022 which was assailed by the petitioner herein, in W.P.No.202290/2022, which was disposed of as here under: