PANKAJ Vs. SAMRADHI SONI

JUDGEMENT

(1.) HEARD . Petitioner is the husband who is facing divorce proceedings initiated by the wife/respondent on the ground of cruelty. Petitioner filed an application under section 65B of the Indian Evidence Act to place on record certain compact discs (CDs). By the impugned order, the said application has been rejected by the trial Court, therefore, this petition.

(2.) Learned counsel submitted that the CDs contained photography of the marriage ceremonies and at the time of those ceremonies, certain gifts were made by the petitioner/husband in favour of wife, therefore, the allegations of demand of dowry as alleged in the divorce petition were incorrect. The Court below has rejected the application holding that in absence of primary evidence, secondary evidence in the shape of CDs cannot be permitted. The Court has also found that no reasons were assigned why the CDs were not produced earlier at the relevant time. After hearing counsel and going through the material available on the record, we do not find any illegality with the order impugned. No case for interference is made out in exercise of the jurisdiction conferred by Article 227 of the Constitution of India. The petition is, therefore, dismissed in limine.