Update: 05 February 2022 20:29 STI
New Delhi [India]Feb 05 (ANI): A husband knocked on the Supreme Court’s door against a Punjab and Haryana High Court ruling that rejected his request to record a phone call between the couple as evidence in the pending divorce petition.
A bench headed by Judge Vineet Saran asked the woman respondent to file her response within three weeks.
In the petition filed through Barrister Ankit Swarup, the man challenged the order of the Punjab and Haryana High Court dated November 12, 2021.
The High Court of Punjab and Haryana had ordered that the Family Court is not bound by strict rules of evidence, it is free to accept the CD as evidence, which is a clear violation of the right to wife’s private life.
The High Court of Punjab and Haryana quashed the trial court and said that the acceptance of the CD by the family court allegedly containing conversations between husband and wife surreptitiously recorded without the consent or knowledge of the wife and allowing the request of the husband is unjustified.
Husband filed a motion in Family Court for permission to submit his supplemental affidavit by way of examination-in-chief, along with a CD and transcripts of conversations recorded on memory cards/cell phone chips respective.
The family court allowed the husband to prove the CD relating to the conversations between him and his wife subject to certain conditions.
The wife challenged the order in the Punjab and Haryana court and succeeded in getting an order in her favour.
Injured by the High Court order, the husband applies to the Supreme Court to bring the conversation between him and his wife to the Family Court to prove his case of cruelty having been committed by the respondent wife on him, and thus seeks a decree of divorce on the basis of such evidence.
“The effort of the petitioner (husband) is only to prove the events and cruelty committed to him by the respondent (wife). The recorded conversation held between the parties is another way of producing evidence and recreating before the Court the events of the marital home, as well as the evidence of the oral testimonies of the parties and other witnesses,” the husband said in his motion.
“Without proving the cruelty aspect, the petitioner would fail to seek a divorce decree from the family court,” the husband said later in the petition.
The man also specified in his motion that the production of such evidence would be subject to the test of credibility and reliability based on forensic examination and cross-examination of the party producing such evidence. (ANI)