Family Court Can Admit CCTV Footage Showing Husband Assaulting Wife Without Certificate U/S 65B Evidence Act: Gujarat High Court

The Gujarat High Court has upheld a Family Court decree dissolving a marriage on the ground of cruelty, holding that the Family Court was justified in relying on CCTV footage of an incident involving the husband's assault on the wife at a railway station, despite the lack of a Section 65B certificate. Section 65B of the Indian Evidence Act requires that any electronic record (computer output, video, email, etc.) presented as evidence be accompanied by a mandatory certificate identifying the electronic record, describing the manner of its production, specifying the device involved, and confirming that the conditions under Section 65B(2) are satisfied, duly signed by a person responsible for the operation or management of the relevant device, to be admissible.A Division Bench of Justice Sangeeta K. Vishen and Justice Nisha M. Thakore observed that the Family Court is empowered under Section 14 of the Family Courts Act, 1984 to receive evidence even if it may not strictly satisfy the requirements of the Indian Evidence Act.“Bare reading of section 14 suggest of giving wide powers to family court to receive evidence which in its opinion would assist it to deal effectually with the dispute irrespective of the same being relevant or admissible in evidence under the Act of 1872,” the Court noted. The Court held that, in the facts of the case, the CCTV footage produced in disc format could be relied upon and that the Family Court had committed no error in granting divorce on the ground of cruelty.The Court held that, in the facts of the case, the CCTV footage produced in disc format which “cannot be tampered” could be relied upon and that the Family Court had committed no error in granting divorce on the ground of cruelty.Background The appellant-husband and respondent-wife were married on 8 November 2007, and a son was born to them on 27 June 2008. According to the respondent, matrimonial relations deteriorated over time and she was subjected to physical, verbal and emotional harassment, eventually leading the parties to begin living separately in 2017. The immediate trigger for the divorce proceedings was an incident that allegedly took place on 7 March 2018 at the Nadiad railway station. The respondent alleged that while she was waiting for a train to travel to work, the appellant approached her, created a scene and physically assaulted her in public. She further alleged that a similar incident occurred on 10 March 2018, when the appellant entered the train compartment and misbehaved with her while she was returning from work. Following these incidents, the respondent approached the Family Court seeking dissolution of marriage under Section 15 of the Indian Divorce Act, 1869 on the ground of cruelty.The Family Court by judgement dated 11 April 2019 allowed the wife's petition and dissolved the marriage, holding that the respondent had established that she was subjected to cruelty by the appellant-husband. Aggrieved, the husband preferred a First Appeal to the Gujarat High Court. Submissions on Behalf of the HusbandAppearing for the appellant-husband, Advocate A. S. Asthavadi, argued that the Family Court had erred in dissolving the marriage on the basis of isolated incidents. It was submitted that the allegations of cruelty were unsupported by reliable evidence and that the respondent-wife herself had admitted that she was short-tempered and emotional.Counsel also challenged the reliance placed on the CCTV footage of the alleged incident at the railway station. It was argued that the electronic record had not been proved in accordance with Section 65B of the Indian Evidence Act, 1872, as no certificate certifying the authenticity of the electronic record had been produced. Relying on Anvar P.V. v. P.K. Basheer, counsel contended that the CCTV disc could not be admitted in evidence without compliance with the statutory requirements governing electronic evidence.Submissions on Behalf of the WifeOpposing the appeal, Advocate A. A. Zabuawala submitted that the respondent-wife had been subjected to continuous harassment and physical abuse by the appellant.Counsel pointed to two incidents in March 2018, particularly the incident of 7 March 2018 at Nadiad railway station which were corroborated by medical records indicating injuries suffered by the wife. Further, the advocate submitted that the authenticity of the footage was also confirmed by a technician Section 14 of the Family Courts Act allows Family Courts wide powers to admit evidence even if strict rules of admissibility under the Evidence Act are not satisfied.Court's AnalysisThe High Court examined the oral and documentary evidence produced before the Family Court, including witness testimonies, medical records and the CCTV footage obtained from the railway station. The Court noted that the respondent-wife had filed a complaint with the Nadiad Railway Police Station regarding the assault and had also produced medical documents showing injuries sustained on...

Family Court Can Admit CCTV Footage Showing Husband Assaulting Wife Without Certificate U/S 65B Evidence Act: Gujarat High Court

Ananya Tangri

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