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Madras High Court

R.Premalatha vs V.Nandagopal on 4 July, 2018

Author: P.Velmurugan

Bench: P.Velmurugan

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS 

Dated: 04.07.2018

Coram: 

THE HONOURABLE MR.JUSTICE P.VELMURUGAN
					          	           
C.R.P.(PD).No.1849 of 2018
and C.M.P.No.10629 of 2018
									
R.Premalatha							   ... Petitioner
Vs.
 
V.Nandagopal		     					   ... Respondent


Prayer: Civil Revision Petition has been filed under Article 227 of the Constitution of India, praying to set aside the fair and decretal order dated 16.04.2018 made in I.A.No.435 of 2017 in H.M.O.P.No.31 of 2011 on the file of  the Additional Family Court, Coimbatore.

       			For Petitioner	: Mr.M.R.Thangavel

			For Respondent	: Mr.B.Dayalan


  ORDER

The relief sought for in this revision petition is to set aside the fair and decretal order dated 16.04.2018 made in I.A.No.435 of 2017 in H.M.O.P.No.31 of 2011 on the file of the Additional Family Court, Coimbatore.

2. The respondent/husband filed a petition in H.M.O.P.No.31 of 2011 before the Family Court, Coimbatore against the petitioner/wife on the ground of cruelty and adultery. During the enquiry, the respondent marked certain documents as Ex.P16,P18 and P19 (CD) and which was taken by himself proving a pen camera and for the convenience of the Court, he has taken a copy through CD and produced before the Court. After marking all the documents the revision petitioner/wife filed an Interlocutory application in I.A.No.435 of 2017 before the Additional Family Court, Coimbatore to eschew these documents marked Ex.A16, A18 and A19 on the ground that they are inadmissible, for the reason that respondent did not any certificate under Section 65-B (4) of the Indian Evidence Act.

3. After elaborate enquiry the family Court dismissed the application filed by the revision petitioner/wife stating that the respondent has produced the Electronic records/Discs as Ex.P16,P18, and P19 and the originals viz. pen camera memory card, and videotape as material objects. While so, Ex.P16, P18 and P19, CD's would not requre a certificate as envisaged under Section 65B(4) of Indian Evidence Act.

4. As such the CD's Ex.P16, P18 and P19 when produced with its originals or source viz. Mo's 1 to 3 viz. Pen Camera, Memory card and Videotape even without the certificate as envisaged in Section 65B(4) of Indian Evidence Act are admissible

5. Heard the learned counsel appearing on either side and perused the materials available on record.

6. During the enquiry, the respondent marked certain documents in order to prove the adultery CD Exhibit P16, P18 and P19 along with Mos 1 to 3 the original source of Exhibits CDs. Therefore, the trial Court also given reason as to why the documents already marked are not required to be eschewed.

7. Therefore, this Court finds no illegality or irregularity in the order passed by the Family Court and finds no merits in this revision petition.

8. In the result, this Civil Revision petition is dismissed. Consequently, connected Miscellaneous petition is closed. No costs.

04.07.2018 Index:Yes/No Speaking order/Non speaking order vum P.VELMURUGAN, J., vum To The Additional Family Court, Coimbatore.

04.07.2018