IMPORTANT POINT
The court clarified that while the husband bears the burden of proof regarding cruelty, the wife also has an onus to provide evidence when required.

ORDER :

B.S. Bhanumathi, J.

1. This revision is filed under Article 227 of the Constitution of India against the order, dated 20.03.2024, dismissing I.A. No.300 of 2023 in FCOP No. 18 of 2020 on the file of the Court of the Judge, Family Court-cum-VI Additional District Judge, Kadapa, filed by the respondent in main OP under Order XXVI Rule 10(2) CPC read with Section 65-B of the Indian Evidence Act, 1872, to appoint a commissioner to collect the C.C Camera video recordings in the respondent/petitioner's house bearing D.No.1/2582 for the past two months and examine the people around the house regarding the relationship of the petitioner and respondent and submit report to the Court.

2. Heard Sri M. Solomon Raju, learned counsel for the petitioner/wife and Sri A.Syam Sundar Reddy, learned counsel for the respondent/husband.

3. For the purpose of convenience, the parties are arrayed as husband and the wife.

4. The husband filed petition for divorce against his wife on the ground of cruelty. Pending the petition, I.A. No.300 of 2023 was filed by the wife averring that her husband had an illicit affair with Konkiri Alekya @ Nandini, wife of Yerraguntla Ashok since February, 2020 and they have been physically and mentally harassing the wife, children and finally necked her and her elder daughter out of the house, however, the husband and his concubine have been living in the house bearing D.No.1/2582, A.P Housing Board Colony, Dongalacheruvu, near Rajiv Park, Kadapa city. The wife further contended that on her application in I.A. No.209 of 2023, Konkiri Alekya was examined as RW5 and through her, a colour photograph was received in evidence as exhibit X1 and further Konkiri Alekya admitted before the Court that she was living in the house bearing D.No.1/1282 in A.P Housing Board Colony, near Rajiv Park, Kadapa city and the said house belongs to the husband (petitioner in the divorce OP). It is also stated by the wife that house bearing D.No.1/2582 is a duplex residential house and that Konkiri Alekya has been residing in the first floor and the husband is residing without wife in the 2nd floor of that house, and whereas, in a duplex house, it is not possible for residence of two families. Therefore, to prove her case, it is necessary to appoint the commissioner. Accordingly, she filed the above petition.

5. The petition was opposed by filing counter of the husband stating that the reliefs cannot be granted under the provisions cited in the petition and further multiple reliefs are prayed in a single application and thus, the petition is not maintainable. It is further stated that the relief in the petition has an impact on the relief in the main petition which is filed seeking divorce on the ground of cruelty and that it is the burden of the husband to prove the ground taken, but it is not the burden of wife and therefore, the petition needs to be dismissed. It is also stated that CCTV kept in the premises pertaining to the house, where the husband has been residing, would not record the footage, and therefore, there is no backup and saving of the recordings and moreover, the relief is interfering with the right of privacy of the husband and violative of fundamental right and the application is abuse of process of law. The husband further stated that his parents have been residing in the 3rd and 4th floors of the house bearing D.No.1/2582 and also in the house bearing D.No.1/2512 and the husband has been using 1st and 2nd floors of the premises bearing D.No.1/2512 for his professional office and the ground floor of the premises bearing D.No.1/2512 is being used by the parents of the husband and also by the husband. He further stated that husband let out the premises bearing D.No.1/2582 both the ground floor for commercial purpose and the 1st floor for residential purpose under a registered lease deed. He denied the allegation that he has illicit affair with Konkiri Alekya. Further, it is stated that the petition is filed only to drag on