Adultery Photographs Without 65B Certificate Valid in Matrimonial Cases: Madhya Pradesh High Court

The Madhya Pradesh High Court, Jabalpur Bench, recently observed that photographs can be relied on as evidence in matrimonial disputes even without a Section 65B certificate under the Indian Evidence Act, 1872, as the Act does not strictly apply to matrimonial cases.

The bench of Justice Vishal Dhagat and Justice B.P. Sharma upheld a divorce decree granted to the husband by a Balaghat family court after it accepted certain photographs indicating adultery by the wife.

The wife had challenged the divorce order primarily on the ground that the trial court relied on electronic photographs without complying with Section 65B of the Evidence Act, which mandates certification for electronic records. Her counsel cited 2020 Supreme Court judgment in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal to contend that such material was inadmissible. In the said case, the Apex Court had held that compliance of Section 65-B of Evidence Act, 1872 is mandatory in nature.

Rejecting the argument, the high court pointed out that the 2020 case was not applicable in the matter at hand, as the said case was not related with a matrimonial dispute.

The high court clarified that Section 14 of the Family Courts Act expressly relaxes evidentiary standards in matrimonial disputes. The provision allows family courts to receive “any report, statement, document, information or matter” that may assist in resolving the dispute, even if such material would not be admissible under the Indian Evidence Act.

The bench held that, in such proceedings, the question is not strict admissibility under the Evidence Act but whether the material assists the court in determining the truth. It said the photographs were rightly considered by the family court for this purpose.

Court also noted that the wife had not denied her presence in the photographs and had only made a vague allegation that they were created “using some trick” without naming who created them or explaining how.

She had also admitted that the photographs were originally on her mobile phone before being transferred to her husband’s device.

The bench found no infirmity in the family court accepting the testimony of the photographer who had developed the pictures and in concluding that the material supported the allegation of adultery.

Holding that the family court was competent to rely on the photographs despite the absence of a Section 65B certificate, the high court dismissed the appeal and affirmed the divorce decree.

Case Title: Xxx vs Yyy

Order Date: November 11, 2025

Bench: Justice Vishal Dhagat and Justice B.P. Sharma