Matrimonial dispute alleging demand for dowry, harassment and torture must be substantiated with clear and cogent documentary evidence or witness accounts

Smt Sangeeta Bhakuni Vs Pushkar Singh Bhakuni

Uttaranchal HC

28/09/2018

First Appeal No. 60 of 2017

About/from the judgment:

The High Court dismissed an appeal filed against the judgment of Family Court, granting a decree of divorce, for want of substantiation of the appellant-wife’s allegations against the respondent-husband.

 

Facts of the case were that marriage was solemnized between the parties as per Hindu rites and ceremonies. Immediately after their marriage, a few differences cropped up between them and the appellant/ wife left the matrimonial home after seven months of marriage as she wanted to stay away from her in-laws. The respondent was working in Indian Army and posted in Kanpur. In order to maintain peace in his marital life, he took the appellant along with him to Kanpur where they stayed in the government-allotted quarters. However, their disputes continued and in the meantime, respondent got transferred to Arunachal Pradesh. He could not take the appellant along with him over there due to duty restrictions and sent her back to his parents’ home. After two months, the appellant left her matrimonial home and made complaints to the superior officers of respondent; pursuant to which the respondent/ husband sent her a legal notice to stop harassing him. Thereafter, the appellant along with her parents threatened to implicate him in a dowry case and filed a case under Section 125 CrPC. The respondent also filed a suit under Section 13 of the Hindu Marriage Act, 1955 which was decreed vide impugned judgment.

 

The High Court perused entire evidence on record and noted that there were several inconsistencies in the appellant’s statements – on one hand, she stated that she wanted to live with her husband and on the other hand, she stated that she has a threat to her life from him. Further, the appellant had failed to produce any witness or documentary evidence in support of her bare allegations of harassment, torture, and demand for dowry. While she contended of having complained to the respondent’s senior officers at Kanpur, no copy of the complaint was filed by her. She also alleged demand for dowry, harassment and that her husband wanted to have a second marriage but had failed to substantiate all of her allegations.

 

As such, the High Court opined that the Family Court had appreciated and discussed the evidence on record elaborately and there was no infirmity in the impugned judgment. On this holding, the instant appeal was dismissed.

Read the Judgment

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