Family Courts Act Supersedes Indian Evidence Act in Admitting Electronic Evidence
In a significant judgment, the Gujarat High Court has upheld the Family Court's decision to dissolve the marriage between Nileshbhai Jonbhai Mekwan and Pritiben, citing grounds of cruelty. The pivotal element in this case was the admissibility of CCTV footage as evidence, which the appellant, Nileshbhai Mekwan, challenged on the grounds of non-compliance with the Indian Evidence Act, 1872.
The High Court, comprising Justices Ms. Sangeeta K. Vishen and Nisha M. Thakore, delivered their verdict on February 11, 2026, dismissing the appeal against the Family Court’s judgment dated April 11, 2019. The Family Court had dissolved the marriage based on evidence of cruelty, including CCTV footage of an incident at a railway station, where the appellant was alleged to have physically assaulted the respondent.
Central to the High Court's decision was the interpretation and application of the Family Courts Act, 1984, particularly Sections 14 and 20. The court clarified that these provisions empower Family Courts to receive evidence such as CCTV footage, regardless of its admissibility under the Indian Evidence Act. This stance aligns with the objective of the Family Courts Act to simplify evidence rules to effectively resolve family disputes.
The appellant contended that the CCTV footage should not be considered primary evidence due to the absence of a certificate under Section 65B of the Indian Evidence Act, which governs the admissibility of electronic evidence. However, the court noted that the Family Courts Act has an overriding effect, allowing for such evidence to be considered admissible if it aids in resolving disputes.
The judgment underscores the broader powers conferred on Family Courts, emphasizing their role in adjudicating family matters with a more conciliatory and less rigid approach than regular civil courts. The court also highlighted the authenticity of CCTV footage derived from public places like railway stations, asserting that such footage is less likely to be tampered with.
The High Court's decision reaffirms the Family Courts' discretion in admitting evidence to facilitate the effective resolution of matrimonial disputes, marking a significant interpretation of the interplay between the Family Courts Act and the Indian Evidence Act.
Bottom Line:
Family Courts Act, 1984 empowers family courts to receive evidence that may assist in effectively dealing with disputes, irrespective of strict admissibility under the Indian Evidence Act, 1872.
Statutory provision(s):
- Family Courts Act, 1984, Sections 14, 20
- Indian Evidence Act, 1872, Section 65B
- Indian Divorce Act, 1869, Section 15
Nileshbhai Jonbhai Mekwan v. Pritiben, (Gujarat)(DB) : Law Finder Doc id # 2863931
