Family Court's Acceptance of Electronic Evidence Without Section 65-B Certificate Affirmed Under Family Courts Act
In a significant ruling, the Karnataka High Court has upheld a Family Court's decree for restitution of conjugal rights in favor of Sunita, while dismissing her husband Chandrahas's appeal seeking a declaration of nullity of their marriage. The High Court ruled that the provisions of the Family Courts Act allow for the admission of electronic evidence, such as CDs of marriage videos, without the need for a Section 65-B certificate from the Indian Evidence Act, 1872, emphasizing the Court's discretion in family disputes to consider all evidence that may assist in resolving the matter effectively.
The legal battle arose from conflicting claims by Chandrahas and Sunita regarding their marital status. Sunita, who worked alongside Chandrahas as a guest lecturer, claimed they were married following a courtship. She supported her case with multiple documents, including a marriage invitation, photographs, and CDs of their wedding ceremonies. Chandrahas, however, denied the marriage, challenging the admissibility of the CDs due to the absence of a Section 65-B certificate and asserting that the materials were fabricated.
The High Court, referencing Section 14 of the Family Courts Act, clarified that family courts possess the autonomy to admit any document or information they deem necessary to resolve disputes, regardless of its admissibility under the strict rules of the Indian Evidence Act. This provision, the Court noted, overrides the need for a Section 65-B certificate in family court proceedings.
The Court observed that the Family Court did not rely solely on the electronic evidence but also considered corroborative materials, such as photographs, the marriage invitation card, and testimony from a priest who officiated the marriage, alongside other supporting documents like a rent agreement and bank records, which collectively substantiated the marriage claim.
The High Court dismissed Chandrahas's appeal, affirming the Family Court's decisions both to grant Sunita's petition for the restitution of conjugal rights and to reject Chandrahas's suit for a declaration of nullity. The ruling underscores the broader latitude family courts have in adjudicating matters where rigid evidentiary standards might otherwise hinder justice.
Bottom Line :
Family Courts Act, 1984 Section 14 overrides technical rules of admissibility under the Evidence Act in family disputes; electronic evidence such as CDs of marriage video can be received in evidence even without certificate under Section 65-B of the Evidence Act, though such material must still be proved on overall appreciation of evidence. On facts, marriage held proved and decree for restitution of conjugal rights upheld; husband's suit for declaration that alleged marriage was null and void dismissed.
Statutory provision(s): Family Courts Act, 1984 Section 14, Evidence Act, 1872 Section 65B, Hindu Marriage Act, 1955 Section 9
Chandrahas v. Sunita, (Karnataka)(DB)(Dharwad) : Law Finder Doc id # 2984996
