Vijaya vs P. Saravanarajan
2022 Latest Caselaw 7016 Mad

                                                                                 C.R.P(MD).No.54 of 2022


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 04.04.2022

                                                         CORAM

                                  THE HONOURABLE MRS.JUSTICE S. ANANTHI

                                              C.R.P(MD).No.54 of 2022


                    Vijaya                                         : Petitioner / Respondent


                                                        Vs.


                    P. Saravanarajan                               : Respondent / Petitioner



                    PRAYER:- Civil Revision Petition filed under Article 227 of the

                    Constitution of India against he fair and decreetal order dated 02.12.2021

                    passed in I.A.No.1166 of 2020 in HMOP.No.781 of 2014 on the file of the

                    Family Court, Madurai.



                                   For petitioner        : Mr. K. Govindarajan
                                   For Respondent        : Mr.A. Selvan


                                                         ORDER

The revision petitioner / respondent filed this revision to set

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C.R.P(MD).No.54 of 2022

aside the order, dated 02.12.2021 passed in I.A.No.1166 of 2020 in

HMOP.No.781 of 2014 on the file of the Family Court, Madurai.

2. Heard the learned counsel appearing for both sides and

perused the materials available on record.

3. The said I.A.No.1166 of 2020 filed by the respondent /

petitioner to receive the document of police complaint with CSR and also

a Compact Disc, which has conversation of the parties. The trial Court has

allowed the petition only to receive the admissibility document on the

ground that admissibility of the evidence can be decided later. As per the

Judgment of the Hon'ble Supreme Court reported in 2014 STPL 10382 SC

(P.V. Anvar Vs. P.K. Basheer and others), it has been held as follows:

22. .... An electronic record by way of secondary evidence shall not be admitted in evidence unless the requirements under Section 65B are satisfied. Thus, in the case of CD, VCD, Chip, etc., the same shall be accompanied by the certificate in terms of Section 65B obtained at the time of taking the document, without which, the secondary evidence pertaining to that electronic record, is inadmissible.”

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C.R.P(MD).No.54 of 2022

In view of the judgment referred above, the respondent /

petitioner should produce the certificate in terms of Section 65B of the

Evidence Act, then, only the compact disc can be received by him.

4. So, the Civil Revision Petition is partly allowed and the

compact disc should be received only along with certificate in terms of

Section 65B of the Indian Evidence Act. No costs.

04.04.2022

Index : Yes : No Internet : Yes : No

To

The Family Court, Madurai.

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C.R.P(MD).No.54 of 2022

S. ANANTHI, J.,

trp

C.R.P(MD).No.54 of 2022

04.04.2022

https://www.mhc.tn.gov.in/judis