In an important decision, the Gujarat High Court has clarified that Family Courts can consider electronic evidence even if a Section 65B certificate is not filed, provided the material helps the Court properly decide the dispute.
This ruling came in Nileshbhai Jonbhai Mekwan v. Pritiben D/o Arneshtbhai Christian, decided on 11 February 2026 by a Division Bench of the Gujarat High Court.
What was the issue?
In this case, the wife relied on CCTV footage to support her case of cruelty. The husband argued that the CCTV footage could not be read in evidence because it was not accompanied by a Section 65B certificate under the Evidence Act.
The High Court did not accept that objection.
What did the Court say?
The Court said that Family Courts are different from ordinary civil courts.
Under Section 14 of the Family Courts Act, a Family Court can receive any document, information, or material that may help it effectively decide the family dispute, even if that material may not strictly satisfy the technical rules of the Evidence Act.
The Court also referred to Section 20 of the Family Courts Act, which gives the Act an overriding effect over inconsistent laws.
In simple words, the Court held that Family Courts should focus more on doing real justice than on rejecting useful evidence because of technical defects.
Why is this judgment important?
Today, a large part of family disputes involves electronic material such as:
- WhatsApp chats
- emails
- audio recordings
- photographs
- video clips
- CCTV footage
Very often, such material is relevant and important, but parties may not always have it in a perfect legal format at the beginning. This judgment helps ensure that important evidence is not thrown out only on technical grounds.
But does this mean Section 65B no longer matters?
No.
The judgment does not mean that every electronic record will automatically be accepted. The Court still looked at whether the CCTV footage appeared genuine and trustworthy.
In this case, the Court found the footage reliable because:
- it came from a railway station, which is a public place;
- it was maintained by official authorities;
- there was supporting evidence about its authenticity;
- and the husband had not raised a proper objection at the right stage.
So, the real point is this: in Family Court cases, lack of a Section 65B certificate may not always be fatal, but authenticity still matters.
Why young lawyers should note this case
This judgment is useful because it shows that in matrimonial and family cases, courts may take a practical view of evidence.
For young lawyers, the takeaway is clear:
- do not assume that electronic evidence will fail only because Section 65B is missing;
- in Family Court matters, always check the special provisions of the Family Courts Act;
- and always try to show that the electronic record is genuine and relevant.
Final takeaway
The Gujarat High Court has made it clear that Family Courts are meant to be practical, not excessively technical. If electronic evidence helps the Court understand the truth, it can be looked at even without strict Section 65B compliance, especially in appropriate cases under the Family Courts Act.
That makes this ruling an important one for anyone handling matrimonial and family litigation.
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