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2016 Supreme(Raj) 235

ALOK SHARMA
Preeti Jain – Appellant
Versus
Kunal Jain – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Peush Nag
For the Respondents: Mr. Nitin Jain

JUDGMENT :

Alok Sharma, J.

Challenge has been made to the order dated 18-12-2015 passed by the Family Court Kekri, District Ajmer (hereinafter ‘the Family Court’) dismissing the petitioner-wife-non-applicant's (hereinafter ‘the non applicant’) application praying that as the evidence of the respondent-husband-non-applicant (hereinafter ‘the applicant’) placed in the course of a divorce petition, on record of the Family court i.e. one pinhole camera, hard disk memory, 3 CD/DVDs video recording, mobile messages, CD/DVD of bio-data photos along with the affidavit in evidence was in the nature of electronic records without requisite certification under Section 65B read with 122 of the Evidence Act, 1872 (hereinafter the Act of 1872’) and in the cross hair of Section 122 thereof, not be taken on record and read in evidence.

2. The facts relevant are that the applicant husband filed an application for dissolution of the marriage under Section 13 of the Family Court Act, 1984 (hereinafter ‘the Act of 1984’) against the non applicant wife praying that their marriage solemnized on 10-12-2013 be dissolved on the grounds of cruelty and adultery. It was alleged that the applicant had in his posse










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