The uncontroverted testimony of a party can be accepted as evidence, and a presumption can be made in favor of the other party when they do not testify.

JUDGMENT :

ALOK ARADHE, J.

1. This appeal under Section 28(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’ for short) has been filed against the judgment dated 09.09.2016 passed by the trial Court by which, the petition filed by the respondent under Section 13 of the Act seeking dissolution of marriage on the ground of cruelty and desertion has been allowed.

2. The facts giving rise to filing of this appeal briefly stated are that the marriage between the parties was solemnized on 16.01.2006 at Madikeri as per the customs prevailed in their community. Thereafter, the parties started their matrimonial life at Madikeri. A daughter was born to the appellant on 14.10.2006.

3. Respondent filed petition on 15.12.2014 seeking dissolution of marriage on the ground of desertion and cruelty. In the petition, it was inter-alia averred that the appellant had deserted the respondent five years prior to the presentation of the petition. It was also pleaded that the appellant used to ill-treat, harass and insult the respondent as he belongs to a lower community. It was averred that the appellant was in the habit of leaving matrimonial home without informing the respondent and never discharged her duties as wife and abused and ill-treated the respondent. Accordingly, the decree of dissolution of marriage was sought.

4. On receipt of notice of the proceedings, the appellant appeared and filed statement of objections in which the factum of marriage between the parties as well as the birth of daughter was admitted. However, remaining averments made in the petition were denied. The family Court on the basis of the pleadings of the parties framed the issues. The respondent in order to support his case, examined himself as PW-1 and exhibited four documents, which were marked as Exs.P-1 to P-4. However, appellant neither appeared nor filed any documents.

5. The family Court on the basis of the uncontroverted testimony of the respondent on record held that the grounds of dissolution of marriage, namely, cruelty and desertion are proved. Accordingly, marriage between the parties was dissolved by a decree of divorce. In the aforesaid factual background, this appeal has been filed.

6. Learned counsel for the appellant submitted that the trial Court was not justified in granting the decree for dissolution of marriage. It is further submitted that the appellant had never deserted the respondent and no grounds of cruelty were made out.

7. We have considered the submissions made by learned counsel for the appellant and have perused the record. It is trite law that if the testimony of the witnesses is not challenged by way of cross examination, the same is taken to be accepted. It is also equally well settled legal principle that where a party does not enter the witness box and does not examine himself/herself, a presumption can be drawn that his case or her case is correct.

8. In the instant case, respondent examined himself to prove the case. In his examination-in-chief, the respondent stated that five years prior to filing of the petition i.e. 15.12.2014, the appellant had deserted him. It has further been stated by the respondent that he has been ill-treated, harassed and insulted by the appellant as he belongs to a lower community. The respondent has further stated that the appellant did not perform her duties as wife and extended threat to the respondent that she would commit suicide. On the basis of uncontroverted testimony, the family Court has rightly concluded that the dissolution of marriage on the grounds of cruelty and desertion are made out. The aforesaid findings recorded by the family Court do not call for any interference by this Court in this appeal.

9. For the aforementioned reasons, we do not find any merit in the appeal. The same fails and is hereby dismissed.