Evidence
Evidence of aged person in a divorce petition—Relevancy—So far as testimony of DW is concerned, being the uncle of wife, cannot be considered as independent witness—Family Court lays much emphasis on the fact that he was 81 years of age—That does not give a reason to the Court to believe his testimony as the gospel truth—There is no rule of evidence brought to the notice of court, that a witness that old shall be presumed/ assumed to tell the truth only—His own version, with regard to husband’s or his parents’ conduct and statements, cannot be accepted as the gospel truth—A perusal of cross-examination of DW shows that, to all questions put to him in relation to his knowledge about relationship of litigating parties, and parties themselves, his answer was in the negative—It is not explained as to how he got introduced into the process of conciliation between the parties—Even the husband, during the cross-examination of DW, also suggested that he was deposing falsely.
[Para 8]
Hindu Marriage Act, 1955
Section 13(1)(ib)—Divorce—Ground of desertion—Dismissal of petition filed by husband—Appeal—Justification offered by wife, for leaving matrimonial home, was that husband would harass her while making dowry demands—Allegation was that husband would physically beat her up—No evidence produced by wife to support such allegations—No case for demand of dowry was registered by wife against husband—No medical evidence produced before Family Court by wife in support of her plea that she is being subjected to violence by her husband—Intention of wife to walk away from her marriage is clearly evident from her conduct—Family Court erred in returning the finding that it was husband, who was responsible for the wife leaving her matrimonial home—There is nothing at all to show that it was husband, who left the wife at her matrimonial home repeatedly, or that respondent-wife and her family made efforts for the respondent to return to her matrimonial home—Husband has been able to make out a case of desertion against wife—Divorce petition allowed on grounds contained in Section 13(1)(ib) of the Hindu Marriage Act.
[Paras 9 to 13]