ANUP JAIRAM BHAMBHANI
Deepti Kapur – Appellant
Versus
Kunal Julka – Respondent
Key Points: - The Family Court allowed recording on record and directed FSL examen by the court; Section 14 empowers receiving evidence irrespective of traditional admissibility if it assists the court (!) (!) (!) - Privacy rights are not absolute; they may yield to fair trial considerations; Section 14 overrides normal Evidence Act admissibility for family disputes (!) (!) (!) (!) (!) - The decision emphasizes that admissibility is a threshold/receiving test under Section 14, not a determination of proving a fact; weight is for final adjudication (!) (!) - The judgment cites Navjot Sandhu and Pooran Mal to support that relevancy is the general test, but Section 14 provides a broader reception, with caveats about misuse and need for caution regarding tampering (!) (!) (!) (!) (!) (!) - The court warns against illegal collection of evidence but recognizes the Family Court may receive such evidence to assist in dispute resolution; risks of tampering noted ( tape recordings require stringent authenticity checks) (!) (!) (!)
JUDGMENT
Anup Jairam Bhambhani, J. - This petition under Article 227 of the Constitution of India impugns order dated 24.12.2018 made by the learned Principal Judge (South), Family Court, Saket, Delhi in HMA No.609/2012 titled Kunal Julka vs. Deepti Kapur.
2. The issue at hand arises from a matrimonial dispute which is pending before the Family Court by way of a divorce petition bearing HMA No. 609/2012, the relevant details of which are referred to hereinafter.
3. The petitioner/wife is the respondent in the aforesaid divorce petition which was filed on 26.09.2012 by the respondent/husband seeking dissolution of their marriage on the ground of cruelty available under section 13(1)(ia) of the Hindu Marriage Act, 1955. In the divorce proceedings, the husband filed a Compact Disc (CD) purporting to contain an audio-video recording of the wife supposedly speaking with her lady friend, by name Sugandha, on phone and talking about the husband and his family in a manner, which the husband claims was derogatory, defamatory and constituted cruelty to him. In the written statement filed by the wife in the divorce proceedings, she opposed the taking on record of the CD and the purported trans
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