Allahabad HC Directs Forensic Examination Of DVDs Produced By Husband In Divorce Case Alleging His Wife’s Involvement In Sex Racket And Pornography

Chambers of Ishaan Garg

Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054

+91 8851742417, +91 8800386163

The Allahabad High has directed the Family Court to send the audio and video CDs/DVDs submitted by the Husband to be examined by the Forensic Science Laboratory in a case where it was alleged that his wife was involved in a sex racket and pornography. The Bench of Justice Ajit Kumar observed, “In my considered view, expeditious disposal does not mean that mportant aspects as to evidence may be shelved. The principle is well laid "justice hurried is justice buried"…In the circumstances, therefore, I set aside the order passed by the Additional Principal Judge, Family Court on 30.01.2023 and direct the Family Judge to get the CDs/ DVDs both audio and video be examined afresh by the Forensic Science Laboratory, Karnataka, Bangalore. The laboratory may be asked to furnish report within a period of one month from the date of receipt of CDs/ DVDs. The Family Court will be passing appropriate order within two weeks of production of certified copy of this order. After receiving the report, as directed herein above, the trial court will proceed to decide the cases finally.”

Petitioner, who is the husband of the Respondent-wife, instituted a suit for divorce under Section 13 of the Hindu Marriage Act, 1955 and another one under Section 25 of the Guardians and Wards Act, 1890 for the custody of his two minor daughters. The Petitioner-husband alleged that his wife was involved in some sex racket and pornography and apprehended that his two minor daughters may also be forced to be part of the racket.

The Petitioner-husband led some electronic evidence and moved an application accordingly before the Family Judge for getting the CDs/ DVDs that contained some audio and videos to be verified from a Science Laboratory and also to collect the sample of voice of the opposite party to be sent along with the CD's.

The Forensic Science Laboratory had sent a report 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 Respondent-wife and one another man but so for the video digital data was concerned since it was not as per the transcription so it could not be examined while examining the audio and video CD and DVD. The Petitioner-husband, accordingly, moved another application that should have been sent to some other agency, which was rejected. Accordingly, the Court set aside the order passed by the Family Court and directed the Family Court to examine the audio and video afresh. 

Cause Title: XXXX v. YYYY and Ors. 

(Neutral Citation: 2024:AHC:90527)