MEENAKSHI Vs. JUDGE, FAMILY COURT, SRIGANGANAGAR.

JUDGEMENT

(1.) This writ petition is filed by the petitioner being aggrieved with the order dated 11.09.2017 passed by Family Court, Sriganganagar (for short 'the court below' hereinafter) in Civil Misc. Case No.941/2016, whereby the application filed by the petitioner under Sections 62 and 65B of the Indian Evidence Act, 1872 (for short 'the Evidence Act ' hereinafter) has been dismissed.

(2.) Brief facts of the case are that respondent No.2 filed a petition under section 13 of the Hindu Marriage Act, 1951 seeking divorce from the petitioner. The said petition is pending in the court below, wherein the respondent No.2 produced a Compact Disc (CD) in respect of conversation took place between him and the petitioner on cellphone and prayed that the said Compact Disc may be marked as Exhibit. The petitioner moved an application under Sections 62 and 65B of the Evidence Act raising objection that the said Compact Disc cannot be marked as Exhibit as the respondent No.2 has failed to produce any certificate as required under Section 65-B of the Evidence Act regarding authenticity of the said Compact Disc. It is also contended on behalf of the petitioner that a private conversation between husband and wife, recorded without the consent of the wife, cannot be produced as evidence in the matrimonial dispute.

(3.) Learned court below after hearing counsels for the parties rejected the objection submitted by the petitioner and allowed the respondent No.2 to produce the Computer Printout, Compact Disc (CD), Video Compact Disc (VCD) and Pen Drive etc., subject to the condition that he would submit a certificate as per Sub-Section (2) and (4) of Section 65-B of the Evidence Act.