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7. In the context of section 14 of the Family Courts Act 1984 ('Family Courts Act', for short), it is argued, that though this provision otherwise empowers a Family Court to receive evidence, if in the opinion of the Family Court, such evidence assists it to deal effectually with a dispute, whether or not the same is otherwise relevant or admissible under the Indian Evidence Act 1872 ('Evidence Act', for short), yet this section does not permit evidence which is inadmissible "as per the Constitution" to be taken on record. Relying upon certain judicial precedents, it is argued on behalf of the wife that since the conversation comprised in the CD was recorded in breach of the wife's fundamental right to privacy as recognised in the Constitution, it cannot be admitted in evidence even under section 14 of the Family Courts Act.

(Emphasis supplied)

12. The Family Court has further given the following reason for receiving the evidence filed by way of the CD in light of section 14 of the Act :

"8.1 It is sec.-14 of the Family Court of Act, which squarely & clearly answers the question posed. Sagarika Devatta's case (supra) elucidates the object of sec.-14 of the Family Courts Act. The legislature's wisdom to keep the procedure in legal aspect of a Family Court, to be simple and non- complicated have been held to be the object of the Sec.-14 of the Family Court Act. For ready reference, Sec.-14 of the Family Court Act is reproduced hereinbelow :

(Emphasis supplied) Furthermore, discussing the effect of section 20 of the Family Courts Act, which gives overriding effect to that statute, the Bombay High Court has held as under :

"9. A cumulative reading of section 14 and section 20 of the Family Courts Act, takes within its ambit the restricted applications of the provisions of the Evidence Act qua the documentary evidence which includes electronic evidence, whether or not the same is relevant or admissible, if in the opinion of the Family Court such evidence would assist the Family Court to deal effectively with the matrimonial dispute. Considering the above object and the intention of the legislature, in providing for a departure, from the normal rules of evidence under the Evidence Act, in my opinion, there was no embargo for the learned Judge of the Family Court to accept and exhibit the documents as sought by the petitioner- wife. Ultimately, it is the absolute power and authority of the Family Court either to accept or disregard a particular evidence in finally adjudicating the matrimonial dispute. However, to say that a party would be precluded from placing such documents on record and or such documents can be refused to be exhibited unless they are proved, in my opinion, _______________________________________________________________________ C.M.(M) 40/2019 page 33 of 46 goes contrary to the object of section 14 of the Family Courts Act"

28. For the record, the vires of section 14 of the Family Courts Act has not been challenged by the petitioner in these proceedings.

29. To be sure, in view of the expressed intention of the Legislature in section 14 of the Family Courts Act, all that is being said here is that 2013 SCC OnLine Bom 421 _______________________________________________________________________ C.M.(M) 40/2019 page 35 of 46 evidence, whether collected legitimately or otherwise, may be received by the Family Court if it is of opinion that the evidence would assist it to effectively decide the dispute. It is not being suggested that the Family Court is bound to believe, accept or act upon such evidence for purposes of adjudication.