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SUDHIR SINGH, SUMEET GOEL
XYZ – Appellant
Versus
ABC-2 – Respondent
Judgment
Mr. Sumeet Goel, J.
The appellant-husband has preferred the present appeal against the order dated 25.09.2023 passed by learned Principal Judge, Family Court, Gurugram (hereinafter to be referred as ‘Family Court’) whereby the application filed by the husband raising objections to the wife’s affidavit of evidence has been rejected.
2. Succinctly facts first, as stated in the pleadings as also affidavit(s) filed and evidence led so far by rival parties.
2.1 The husband filed a petition for grant of divorce on the grounds of cruelty and desertion against the wife before the learned Family Court. It was stated in the petition that the marriage between the appellant (herein)-husband and respondent (herein)-wife was solemnized on 04.05.2016 at Ghaziabad in Uttar Pradesh. It was stated that no child was born out of this wedlock. It was averred in the petition that it was the second marriage of appellant as he was earlier married to one Ms. Bhawana on 25.01.2011. The said marriage was stated to be dissolved vide a decree of divorce dated 05.04.2013 by mutual consent. The parties to the instant lis resided and cohabited together as husband and wife. On 22.08.2016, the appellant was tr
Family Courts are not strictly bound by the Civil Procedure Code and can adopt their own procedures, allowing the admission of evidence not previously filed.
Family Courts can devise their own procedures, allowing flexibility in evidence admission, and are not strictly bound by the Civil Procedure Code in matrimonial matters.
Family Courts can admit evidence, including electronic documents, without strict adherence to Evidence Act requirements when necessary for effective adjudication.
A wife's past employment does not negate her current inability to maintain herself; interim maintenance must reflect the husband's financial capacity and the wife's needs.
Family Courts have discretion to admit evidence that may not strictly comply with the Indian Evidence Act, focusing on relevance to the case.
Secondary evidence – Family Court has discretion to both receive and form opinion on a document which may otherwise be inadmissible under provisions of Indian Evidence Act, 1872.
Long separation and absence of cohabitation can constitute cruelty under Section 13(1)(ia) of the Hindu Marriage Act, warranting a decree of divorce.
False allegations and criminal proceedings against a spouse can constitute mental cruelty, affirming grounds for divorce under Hindu Marriage Act.
The right to privacy in matrimonial cases is not absolute and must yield to the right to present relevant evidence for a fair trial.
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