Evidence must be relevant to the issues at stake in family proceedings.

J U D G M E N T

Sophy Thomas, J.

The husband is before us challenging Ext.P2 order of the Family Court, Kunnamkulam, dismissing his application to receive a compact disc as an additional document.

2. The husband filed OP No.742 of 2023 before Family Court, Kunnamkulam, for custody of his minor child, and it was tried along with the OP for restitution of conjugal rights filed by him. The evidence of the petitioner is going on and meanwhile, he filed I.A No.34 of 2022 to accept the compact disc, which contains the conversation between himself and his father-in-law, to prove that the back pain of his wife was not caused by him, and it was the result of jumping a fence.

3. Learned Family Court Judge dismissed that application finding that, the OPs filed by him were for custody of the child and restitution of conjugal rights, and the compact disc and its contents had no relevance with the subject matter involved. The Family Court further found that, after starting trial, the parties were filing petitions after petitions, to cause inordinate delay in concluding the trial.

4. Considering the point to be proved by accepting the compact disc, we are also of the view that, it has no relevance at all, as far as the dispute involved in the above OPs are concerned. So, we find nothing illegal or improper in Ext.P2 order of the Family Court warranting our interference.

In the result, the original petition stands dismissed. If the petitioner is aggrieved by the final outcome in OP No.742 of 2023, he is at liberty to challenge Ext.P2 order also, in the appeal if any filed by him.

A.MUHAMED MUSTAQUE JUDGE