Maintenance application followed by a complaint for cruelty indicates weak evidence: Chhattisgarh HC

Chhattisgarh High Court: A Single Judge Bench comprising of Vimla Singh Kapoor, J. dismissed a revision petition on account of it lacking substance.

The complainant had accused the respondent of harassing her for not bringing sufficient dowry after some time of the marriage for which she was deprived of food and clothing by the respondents even though household items were given at the time of marriage. Further after the birth of their child a new list altogether was demanded dowry. Subsequently, the case was brought before the High Court but finding no force in the complaint, the respondent was acquitted for which the present revision petition lies.

After analyzing the facts and evidences, it wasn’t clear as to after how many years the harassment started rather from the statement of the mother of the complainant she seemed to spent the initial years happily at her matrimonial home along with the fact that the cousin of the complainant was married in the same family yet she showed no similar signs. Also in order to settle the dispute, a village meeting was called but none of the witnesses was examined on record and what was pertinent to note was the fact that first an application for maintenance was made followed by a complaint for cruelty and harassment about a month thereafter which further weakened her case. Accordingly, the revision petition was dismissed for being exaggerated.[Sangeeta Bai Nishad v. Manoj Kumar,2018 SCC OnLine Chh 659, order dated 27-11-2018]

Join the discussion

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.