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M. R. SHAH, B. V. NAGARATHNA
Prabha Tyagi – Appellant
Versus
Kamlesh Devi – Respondent
The judgment does not mention or discuss "strict proof" or the strict application of the Evidence Act in any context.
While the lower courts referenced evidentiary matters—such as the lack of evidence proving the appellant's 13-day stay in the shared household after her husband's death (!) , absence of evidence on Stridhana delivery (!) (!) (!) , no cross-examination on taunts leading to her departure (!) , no adverse inference from a misstatement (!) , and respondents' failure to disprove Stridhana articles (!) —the Supreme Court did not engage these or require strict evidentiary standards. Instead, it focused on broad statutory interpretation under the DV Act, emphasizing expansive rights to residence under Section 17 even without actual cohabitation or ongoing physical presence (!) (!) (!) (!) (!) , non-mandatory Domestic Incident Reports (!) (!) (!) , and subsisting domestic relationships including past ones (!) . Reliefs like compensation and Stridhana return were affirmed via legal plenitude under Section 12, without re-examining evidence (!) (!) (!) (!) .
JUDGMENT :
B.V. NAGARATHNA, J.
1. The aggrieved person, being the appellant herein, who had filed Miscellaneous Case No. 78 of 2007 on the file of the Court of Special Judicial Magistrate-1, Dehradun, has assailed judgment dated 23rd July, 2019 passed by the High Court of Uttarakhand at Nainital, in Criminal Revision No. 186 of 2014, by which the judgment dated 11th July, 2014 passed by the Vth Additional Sessions Judge, Dehradun, in Criminal Appeal No. 53 of 2011 setting aside the order passed by the Special Judicial Magistrate-I, was sustained.
2. For the sake of convenience, the parties herein shall be referred to in terms of their rank and status before the Trial Court.
Factual Background:
3. According to the aggrieved person, her marriage with Kuldeep Tyagi (since deceased) son of late Vishnudutt Tyagi was solemnized on 18th June, 2005 at Haridwar District, Uttarakhand as per Hindu rites and rituals and in connection with the marriage, the family members of the aggrieved person had given dowry to the family of her deceased husband and Stridhana to the aggrieved person. For the period immediately following the wedding, the aggrieved person was residing at the ancestral home of the r
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