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B. S. BHANUMATHI
T. Sreekala – Appellant
Versus
Thimmaraju Hemadri Sharma – Respondent
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 ha
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.
Privacy concerns must be balanced with the necessity of relevant evidence in matrimonial disputes, particularly in cases of alleged adultery.
The right to privacy in matrimonial disputes is not absolute and must balance with the right to fair trial, allowing relevant evidence to be admitted even if obtained through means that raise questio....
Right to privacy – Section 122 of Evidence Act does not touch upon aspect of right to privacy as envisaged under Article 21 of Constitution – Section 122 of Evidence Act recognises right to a fair tr....
Tape recordings made without the knowledge of one party infringe their right to privacy and violate constitutional rights, rendering them inadmissible in evidence for deciding divorce petitions under....
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