Family Court Proceedings – Admissibility of Electronic Records – Privileged Communication – Video clippings recorded through pin hole camera with hard disk memory is primary evidence – Section 65B compliance not required. [Indian Evidence Act, 1872 – Sections 122, 14, 62,65B; Family Courts Act, 1984 – Section 13, 14]

Preeti Jain vs. Kunal Jain and
Ors. AIR 2016 RAJASTHAN 153

A husband filed for dissolution
of the marriage u/s. 13 of the family 
Courts act, 1984 against his wife on the grounds of cruelty and
adultery. It was alleged that the applicant had in his possession a video
clipping recorded through a pin hole camera establishing his wife’s extra­
marital relationship.

Counsel for the wife submitted
that the electronic record placed before the family court did not satisfy the
mandate of section 65B (4) of the indian evidence act, 1872, which requires a
certificate (signed by a person occupying a responsible official position in
relation to the operation of the relevant device or the management of the
relevant activities,  whichever  was 
appropriate,  through  which the material was electronically
recorded) stating that the contents of the electronic recordings were true to
the best of his knowledge and belief. The prayer of the wife was dismissed.

It was held by the high Court
that it is the discretion of the family court to receive or not to receive the
evidence, report, statement, documents, information etc. placed before it on
the test, whether it does or does not facilitate an effective adjudication of the
disputes before it. Section 65B of the act of 1872 only deals with the
secondary evidence qua electronic records. It does not at all deal with the
original electronic records, as in the instant case, where the pinhole camera,
with a hard disk memory on which the recording was done has been submitted
before the family Court. Reliance was placed in the case of Anvar P.V. vs. P.K.
Basheer (2014)10 SCC 473:

“If an electronic record is
produced as a primary evidence u/s. 62 of the evidence act, the same is
admissible in evidence without compliance with the conditions of Section 65B of
the act of 1872.”

Hence, petition was dismissed.