[Matrimonial Dispute] Allahabad HC Orders Forensic Examination Of CDs Filed By Husband Alleging Wife's Involvement In Pornography

The Allahabad High Court recently directed a forensic examination of CDs/DVDs submitted by the husband, which allegedly contain sexual videos implicating his wife.

The husband seeks to present this evidence supporting his suit for divorce filed under Section 13 of the Hindu Marriage Act, 1955, and a case under Section 25 of the Guardians and Wards Act, 1890, for the custody of his two minor daughters. 

It was the case of the petitioner that his wife is involved in some sex racket and pornography, which is the reason why they are both now living separately. The petitioner has the apprehension that his two minor daughters may also be forced to be part of the sex racket.

It was further shown that he is a quite worried father who wants to save the lives of his two minor daughters and educate them properly so that they become good citizens.

Looking at the allegations made in the affidavit filed in support of this petition and serious complaints made by him against his wife, the details of websites upon which the pornography shots were uploaded, a bench of Justice Ajit Kumar found it necessary to direct for technical examination of the DVD and CDs by Forensic Science Laboratory, Karnataka, Bangalore.

The petitioner (husband) moved to the High Court after the Family Court rejected his application for the forensic examination of the videos in question on the ground that matrimonial matters ought to be decided expeditiously.

Essentially, the husband led some electronic evidence and moved an application before the Family Judge to get the CDs/ DVDs that contained some audio and videos verified from a Science Laboratory and also to collect the sample of the opposite party's (wife) voice to be sent along with the CDs.

The Family Court allowed the application and directed that the Audio and Video CDs be sent to the Director, Forensic Science Laboratory, U.P., Lucknow in 2018. After taking the voice samples of the parties (husband and wife), the Forensic Science Laboratory sent a report in July 2022 in which it came to be reported that the female and male voices in the digital data were found to be optimum probable similar with that of the wife and the petitioner/husband.

However, as far as the video digital data was concerned, since it was not as per the transcription, it could not be examined while examining the audio and video CD and DVD.

Afterwards, the petitioner moved the impugned application that if the Forensic Science Laboratory, UP., Lucknow, cannot test the DVD and send a report, it should be sent to another agency. The Family Court rejected this application vide January 2023 order, and the same was challenged before the HC.

After hearing the petitioner's arguments, the Court set aside the order passed by the Additional Principal Judge, Family Court, and directed the Family Judge to have the CDs/ DVDs, both audio and video, examined afresh by the Forensic Science Laboratory, Karnataka, Bangalore.

The Court has also directed that the laboratory be asked to furnish a report within a period of one month from the date of receipt of CDs/ DVDs.

"The Family Court will be passing an appropriate order within two weeks of production of a certified copy of this order. After receiving the report, as directed herein above, the trial court will proceed to decide the cases finally," the Court further ordered as it disposed of the petition.

Counsel for Petitioner:  Archit Mandhyan,Hari Bans Singh,Vijai Kumar Tiwari,Yusuf Ali

Case title - Shiv Ram vs. Smt.Pinki And 2 Others 2024 LiveLaw (AB) 379

Case citation: 2024 LiveLaw (AB) 379

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