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2017 Supreme(MP) 826

NANDITA DUBEY
Archana Gaidam – Appellant
Versus
Swapnik Gaidam – Respondent


ORDER

1. By way of instant petition, the petitioner is challenging the order dated 25.9.2017, passed by the trial Court, whereby the application filed by the petitioner under section 65B of the Evidence Act has been rejected.

2. According to the petitioner, an application under section 13(1) of the Hindu Marriage Act was filed by the respondent/husband seeking divorce from the petitioner on the ground of cruelty and desertion. The petitioner tendered her appearance and filed her reply. The petitioner has also filed an application under section 65 of the Evidence Act, whereby some photographs, which she allegedly had obtained from the computer of respondent, showing him in relation with another girl and copy of audio and video recording, uploaded in the pendrive along with a self verified certificate that she has obtained the photographs from the laptop of her husband and the recording from her husband's mobile.

3. The respondent has objected the same by filing a reply.

4. The trial Court after considering the documents, the photographs and the pendrive, dismissed the application holding that the petitioner has not followed the procedure prescribed under section 65B of the Evidence Act




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