Evidence and case reference in SC
pls help to clarify a confusing and desperate situation. I had filled divorce case in 2008 on ground of cruelty and adultery. I had submitted an electronic evidence in which i had my conversation with my wife video taped having her confession to her extra matrimonial relationship. This was exhibited during my trial but during my wife trial, i asked to play that DVD in court which was denied by PO, I asked to play it as my wife denied it to her voice in the DVD. I had then moved an application in family court to take my wife voice sample and send to FSL along with DVD to voice match. While deciding my application, PO dismissed my application and ordered to make this evidence inadmissable on basis of Rayla judgement of Andhra pradesh HC. I had then gone to Jaipur High Court and there also my writ got dismissed based on the same ruling. In the dismissal order in HC jaipur, judge ordered to time bound the case in family court for 2 months from the date the HC order is submitted in family court.
The HC judgment can be accessed here: http://rhccasestatus.raj.nic.in/smsrhcb/rhbcis/judfile.asp?ID=CW%20%20%20&nID=14726&yID=2013&doj=5/26/2015
In the confused state of mind and being pressed on time, i fought the final argument in absence of my prime evidence and finally, I got my divorce petetion dismissed.
Now although I can go to High court in appeal, my lawyer is suggesting me to paralelly go to Supreme court against the High court order as i am still in the window of appeal period of 90 days.
I am confused if its logically possible, because the underlying case is already dismissed in family court. can I still pursue the case in supreme court? pls advice. if yes, and if SC orders in my favor to make the evidence admissable again, can i use that directly in High Court.