Dismissed

Yohisha v. Sathish Kumar

Madras HC25 Aug 2021CRP/1724/2021

Case brief

AI extract

What is this about?

This civil revision petition challenged an order allowing admission of a pen drive as evidence without an immediate Section 65-B certificate. The Court held that while the certificate is mandatory, it can be produced during marking. The High Court dismissed the petition, confirming the lower court's order and directing receipt of evidence only upon submission of the certificate.

What did the court decide?

Civil revision petition dismissed; lower court order confirmed; direction to receive evidence only upon production of Section 65-B certificate.

Yohisha Vs Sathish Kumar — Matrimonial and Divorce | Madras HC (2021)

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C.R.P. (PD) No.1724 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 25.08.2021

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CORAM

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THE HONOURABLE Mr. JUSTICE G.CHANDRASEKHARAN

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CRP. (PD) No.1724 of 2021

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Yohisha ... Petitioner
Vs.
Sathish Kumar ... Respondent
Civil Revision Petition filed under Article 227 of the Constitution of India,
to set aside the order dated 24.03.2021 passed in I.A. No.1 of 2020 in H.M.O.P.
No.106 of 2019 on the file of the order of learned Principal Subordinate Judge,
Hosur and set aside the same and dismiss the I.A. No.1 of 2020.

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For Petitioner : Mr. S.T.Raja For Respondent : No appearance * O R D E R**

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This petition is filed to set aside the order passed in I.A. No.1 of 2020 in

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H.M.O.P. No.106 of 2019 on the file of the learned Principal Subordinate Judge, Hosur.

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I.A. No.1 of 2020 was filed to receive the pen drive as an additional 1/4

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http://www.judis.nic.in

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C.R.P. (PD) No.1724 of 2021

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document. It is seen from the petition filed in I.A. No.1 of 2020 that H.M.O.P.

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No.106 of 2019, was filed by the respondent seeking dissolution of marriage. It is the case of the respondent that he has recorded the conversation that had taken place between the petitioner and the respondent and that the conversation is necessary for proving his case. He transferred the said conversation to a pen drive through his laptop. Now, the respondent wanted to produce that pen drive as an electronic evidence to support his case. This petition was resisted by the

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petitioner. Learned Principal Subordinate Judge, Hosur, has considered the submissions and allowed the application. Against the said order, this present civil revision petition is preferred.

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Learned counsel appearing for the petitioner submitted that an

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electronic evidence should be produced only after getting a certificate under Section 65 B of the Indian Evidence Act. Hence, he prays to set aside the order in I.A. No.1 of 2020.

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It is seen that the only objection to receive the pen drive which has the

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recording of the conversation between the petitioner and the respondent, is that

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it was sought to be produced without certificate under Section 65 B of the Indian Evidence Act. No doubt, the electronic evidence cannot be received http://www.judis.nic.in 2/4

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C.R.P. (PD) No.1724 of 2021

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without a certificate under Section 65 B of the Indian Evidence Act. However,

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the certificate can be produced at the time of marking the electronic device.

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In this view of the matter, this Court finds no reason to interfere with

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the order passed by the learned Principal Subordinate Judge, Hosur, in I.A.

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No.1 of 2020 in H.M.O.P. No.106 of 2019, dated 24.03.2021, and the same is

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confirmed. Learned Principal Subordinate Judge, Hosur, is directed to receive the pen drive which is an electronic evidence, only on production of necessary certificate under Section 65 B of the Indian Evidence Act. Accordingly, this civil revision petition is dismissed. No costs. Consequently, connected miscellaneous

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petition is closed.

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25.08.2021

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Index: Yes / No Speaking order / Non speaking order bkn

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Copy To:

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The Principal Subordinate Judge, Hosur

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http://www.judis.nic.in

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3/4

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C.R.P. (PD) No.1724 of 2021

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G.CHANDRASEKHARAN. J.,

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bkn

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CRP. (PD) No.1724 of 2021

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25.08.2021

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http://www.judis.nic.in

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Yohisha v. Sathish Kumar

Case brief

What is this about?

What did the court decide?

Yohisha v. Sathish Kumar

Case brief

What is this about?

What did the court decide?

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