D/L.8.

September 24, 2025.

MNS.

CO No. 126 of 2024

Debjani Seth alias Debjani Sarkar

Vs.

Sri Kanchan Sarkar and another

Mr. Partha Pratim Roy,

Mr. Samrat Chakraborty

… for the petitioner. Mr. Supratik Syamal

…for the opposite parties.

1. The present challenge has been preferred

by the defendant no. 1/petitioner in a suit for declaration that the registration of marriage between the parties is collusive,

fraudulent, null, void and inoperative.

2. By the impugned order, the learned Trial

Judge allowed an application under Section 65B of the Indian Evidence Act, 1872 filed by the plaintiff / opposite party

no. 1.

3. Learned counsel for the petitioner

contends that the plaintiff/opposite party no. 1 himself, in his evidence as PW1, admitted that he works at Canada and applied to various authorities for issuance

of Visa, for taking the defendant/present petitioner there. As such, it is argued that the plaintiff/opposite party no. 1 was in control over the e-mail ID of the petitioner at the relevant point of time and, hence, the electronic evidence sought to be produced by the opposite party no. 1 has no evidentiary value.

4. Learned counsel for the opposite party no.

1 submits that a previous application w