Family Courts Act, 1984
Section 14—Electronic evidence—Relevance and admissibility—It is the discretion of the Family Courts to receive any evidence, report, statement, document, information or matter which in its opinion, is necessary to deal effectively with the dispute even if it is not admissible in Evidence Act. [Evidence Act, 1872, Section 65B]
[Para 19]
Hindu Marriage Act, 1955
Section 13 (1) (ia)—Grant of divorce on ground of cruelty—Appeal filed by wife—Allegation that wife used to beat children—Husband recorded conversation with wife in the CD and its transcript—Wife had clearly demanded an end to their relationship and husband was not cross-examined by wife on any of documentary evidence—Certificate under Section 65B of the Evidence Act was placed on record on and conversation in the CD, its transcript and text messages were taken on record—Findings given by the Family Court with respect to cruelty have been duly proved from evidence i.e. CD, its translation and text messages as well as the deposition given by ex-colleague of husband and his elder son—Divorce has been rightly granted on the ground of cruelty—Parties have been staying separately for almost 8 years and it is a case of dead and irretrievable marriage—No ground found to interfere with judgment and decree passed by the Family Court—Husband directed to give rupees fifty lakhs as permanent alimony to the wife—Appeal dismissed.
[Paras 23 to 28]