Back
SUDHIR SINGH, SUMEET GOEL
Karan Puri – Appellant
Versus
Sonika Chaudhary – Respondent
JUDGMENT
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 tra
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.
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.
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.
False allegations and criminal proceedings against a spouse can constitute mental cruelty, affirming grounds for divorce under Hindu Marriage Act.
Long separation and absence of cohabitation can constitute cruelty under Section 13(1)(ia) of the Hindu Marriage Act, warranting a decree of divorce.
The right to privacy in matrimonial cases is not absolute and must yield to the right to present relevant evidence for a fair trial.
The right to privacy in matrimonial disputes is not absolute and must balance with the right to fair trial, allowing relevant evidence to be admitted even if obtained through means that raise questio....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
