Can’t ignore kin’s evidence in matrimonial dispute: SCJuly 5th, 2012 - 10:19 pm ICT by IANS
New Delhi, July 5 (IANS) The Supreme Court has said that evidence tendered by the kin of those involved in a matrimonial dispute could not be disregarded merely because they are related to either spouse.
The court made the observation while granting a divorce to Vishwanath on the grounds of his wife inflicting mental pain and agony to him by her conduct.
The court also asked him to pay Rs.50 lakh as one-time alimony to his wife.
“In a matrimonial dispute, it would be inappropriate to expect outsiders to come and depose. The family members, and sometimes the relatives, friends and neighbours, are the most natural witnesses,” said anapex court bench of Justice Deepak Verma and Justice Dipak Misra in a judgment Wednesday.
Justice Misra said: “The veracity of the testimony is to be tested on objective parameters and not to be thrown overboard on the ground that the witnesses are related to either of the spouse.”
The court said this while pointing to the trial court as well as to the high court disbelieving the evidence of most of the witnesses cited on behalf of the husband on the ground that they were interested witnesses.
In the instant case the marriage between Vishwanath and Sarla Vishwanath Agarwal was solemnised April 30, 1979 at Akola in Maharashtra. They had two boys born in 1982 and 1984.
Vishwanath felt that there was total discord in their marital life and moved court for seeking divorce.
His contention was that his wife did not know how to conduct herself as a wife and daughter-in-law and despite persuasion, her behaviour remained unchanged.
He contended that her behaviour was arrogant and it endangered his social reputation.
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Tags: agony, akola, alimony, contention, court bench, deepak verma, dipak, discord, friends and neighbours, lakh, maharashtra, misra, outsiders, persuasion, sarla, social reputation, trial court, two boys, veracity, vishwanath