SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Jhk) 56

IN THE HIGH COURT OF JHARKHAND AT RANCHI
HON’BLE MR. JUSTICE SANJAY PRASAD, J.
Anupama Pandey @ Anupma Kumari – Petitioner
Versus
The State of Jharkhand – Respondent
Cr. Revision No. 1149 of 2019
Decided On : 24-01-2024

Advocates:
Advocate Appeared:
For the Petitioner: Nilesh Kumar.
For the Respondents: P.D. Agrawal, Mohit Prakash, Vani Kumari.

The court emphasized that allegations of adultery must be substantiated with credible evidence, and unauthorized recording of intimate moments violates the right to privacy.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 125 - Maintenance - Dismissal of maintenance petition on grounds of adultery - Court found that the petitioner was living in an adulterous relationship based on unverified video evidence - The court emphasized the need for proper authentication of electronic evidence as per Section 65B of the Evidence Act - The learned Principal Judge failed to consider the implications of privacy infringement and the authenticity of the evidence presented. (Paras 12, 26, 60, 74, 84)

(B) Adultery - Definition and implications - The court ruled that mere allegations of adultery must be substantiated with credible evidence, and the burden of proof lies with the husband to establish such claims. (Paras 60, 74)

(C) Right to Privacy - The court highlighted the importance of privacy in marital relationships and condemned the unauthorized recording of intimate moments as a violation of the wife's dignity. (Paras 84, 86)

Facts of the case:
The petitioner, a wife, sought maintenance from her husband, alleging abandonment and financial neglect. The husband countered with allegations of adultery, supported by video evidence from CCTV footage. The Family Court dismissed the maintenance petition, leading to the present revision.

Findings of Court:
The court found the dismissal of the maintenance petition unjustified, emphasizing the need for credible evidence to support claims of adultery and the violation of the wife's privacy.

Issues: The main issues were whether the petitioner was living in adultery and whether the evidence presented was sufficient to deny maintenance.

Ratio Decidendi: The court ruled that the evidence of adultery must be credible and substantiated, and the failure to authenticate electronic evidence rendered the husband's claims insufficient.

Result: The impugned order was set aside, and the petitioner was granted maintenance of Rs. 15,000/- per month.

JUDGMENT :

SANJAY PRASAD, J.

1. The Criminal Revision No. 1149 of 2019 has been filed on behalf of the petitioner challenging the judgment dated 25.06.2019 passed by the learned Principal Judge, Family Court, Ranchi in the Original Maintenance Case No. 80 of 2014 and Original Suit No. 236 of 2016 whereby the learned Principal Judge, Family Court, Ranchi has dismissed the petition filed under Section 125 of the Cr.P.C. for maintenance by the petitioner.

2. The case of the petitioner, in brief, is that she is the legally wedded wife of Opposite Party No. 2 Vikram Pandey. Her marriage was solemnized on 19.4.2012 at Hotel BNR Chanakya, Ranchi in accordance with Hindu rites and rituals and at the time of marriage or after marriage huge dowry was demanded and received by the Opposite Party No. 2 and his relatives. Before the start of marriage in compelling circumstances, the father of the Opp. Party No. 2 has taken an amount of Rs. 12 lakh and at the time of marriage the parents of the petitioner given old family golden ornament of about 20(Twenty) Bharies and new golden ornament of Rs. 35.6 grams, costly apparels, other household articles and utensils of Silver, Bronze and Steel as gift to the petitioner. It is stated that along with all gift articles the petitioner went to her matrimonial home on 20.04.2012 but since her arrival at her matrimonial home the inmates of the house shouted abusive language for the less dowry and gift. It is stated that in the night of 21.04.2012 the petitioner came to know that the Opp. Party had relation with another woman when she heard the conversation between the Opp. No. 2 on phone with other lady, the Opp. Party threatened that petitioner will never take her place and he will send the petitioner to her parental home. On queries made by the petitioner, Opposite Party No. 2 shamelessly replied that he is in love with his beloved Sonu Karla resident of Delhi. It is stated that the opposite Party no. 2 also revealed that fact that he was not ready to marry with the petitioner but due to pressure and threat of his father, he solemnized the marriage with the petitioner and he will never leave the aforesaid Sonu Karla @ Minakshi, which caused mental shock and immense pain to the petitioner. Further the case is that the petitioner was subjected to almost cruelty in the hands of her mother in-law and father in-law for the demand of Toyta Car and to furnish the flat of the opposite party no. 2 at Delhi with all latest amenities, but the parents of the petitioner showed inability to fulfill their illegal demand for which she was subjected to mental and physical torture. Thereafter the petitioner informed the misdeeds of his father in-law to her mother on 30.04.2012. Hence the petitioner was taken from her matrimonial home by her mother. However, after much persuasion the in-laws of the petitioner decided to bring the petitioner and the petitioner and her mother in law left Ranchi for Delhi on 16.05.2012. The petitioner along with her mother-in- law reached at Delhi on 17.05.12 but situation became bad to worst and due to mental and physical torture the petitioner went into depression, the opposite party i.e. opposite party no. 2 and his parents used to administer her drugs and after consumption of drugs, the petitioner became semi consciousness state of mind and badly affected the mental status of the petitioner and was not in a condition to recognize the person and lastly on 23.05.2012 the opposite Party brought the petitioner at Ranchi and left her at Ranchi Airport and since then the petitioner is living with her parents. It is stated that the petitioner is a student and having no source of income and she has no income of her own and totally dependent upon the opposite party no. 2 for her day to day affairs and for expenses of her higher education and medical treatment, but Opp. party no. 2 has never cared of the petitioner and denied to make any payment for maintenance. It is stated that the Opposite party

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

        Please visit our Training & Support
        Center or Contact Us for assistance

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon Back to top