Hindu Marriage Act, 1955
Sections 13(1)(i)—Divorce on ground of adultery—Appeal—Case of appellant-wife that the Family Court relied upon photographs which are secondary evidence and moreover, no certificate under Section 65B of the Evidence Act was filed—As per Section 14 of Family Courts Act, a Family Court may receive as evidence any report, statement, documents, information or matter that may, in its opinion, assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the Indian Evidence Act—Since, Indian Evidence Act is not strictly applicable in matrimonial cases and further Court had been given authority to receive any report, statement, documents in evidence to find out the truth—Appellant has not denied that she was not there on photographs and photographer who developed photographs was also examined in the Court—No error found in the judgment passed by the Family Court by placing reliance on the said photographs—Appeal dismissed.
[Paras 4 & 5]
Decision : Appeal dismissed