AO/292/2021
2022 Latest Caselaw 6 UK

 IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
        ON THE 03RD DAY OF JANUARY, 2022
                               BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
                                     AND
       HON'BLE SHRI JUSTICE ALOK KUMAR VERMA

           Appeal from Order No. 292 of 2021

BETWEEN:

Pawanjyot Kaur @ Ena                                  ...Appellant
     (By Mr. Sanpreet Singh Ajmani, Advocate)



AND:

Amandeep Singh Saluja                               ...Respondent
     (No representation for the respondent)

            This Writ Petition coming on for hearing this day,
     Hon'bleShri Justice Alok Kumar Verma, J. delivered the
     following Judgment:-


                           JUDGEMENT

This appeal has been filed by the wife under Section 19 of the Family Courts Act, 1984 against an order dated 18.12.2021, passed by learned Judge, Family Court, Haldwani, District Nainital, in Matrimonial Case No. 162 of 2021, "Amandeep Saluja Vs. Pawanjyot Kaur", whereby her objection to the certificate, filed by the Husband (Respondent herein) under Section 65 B of the Indian Evidence Act, 1872, has been rejected.

2. Heard learned counsel for the appellant.

3. Mr. Sanpreet Singh Ajmani, learned counsel for the appellant submitted that in the aforesaid matrimonial case filed under Section 13 of the Hindu Marriage Act, 1955, the respondent- plaintiff has filed electronic devices/documents along with a certificate, however, the specific requirement under Section 65 B of the Indian Evidence Act has not been fulfilled.

4. During the course of arguments, the learned counsel for the appellant submitted that the present appeal may be disposed of with a direction to the learned Family Court to consider and decide application to be filed by the appellant for examination of the electronic devices/documents by the Forensic Science Laboratory. The learned counsel for the appellant further submitted that appellant will file such application within a week from today.

5. The prayer made is innocuous.

6. Therefore, this appeal is disposed of at the admission stage with direction to the learned Judge, Family Court to decide application of the appellant for examination of the said electronic devices/documents within four weeks from the date of filing of such application, strictly in accordance with law.

(MANOJ KUMAR TIWARI, J.)

(ALOK KUMAR VERMA, J.) Shubham