Court Allows Divorce Petition in Absence of Rebuttal Evidence by Husband


June 14, 2018

Case name: Yogita v. Sandeep Kumar

In this recent case, the High Court of Punjab & Haryana allowed the divorce petition of wife in view of the fact that the husband had not rebutted or produced any evidence to rebut the allegations of cruelty established by wife.

In this case, the appellant wife approached the High Court aggrieved by the dismissal of her petition for divorce on the grounds of cruelty. The wife alleged that her husband was addicted to vices of gambling, drinking and consuming medical intoxicants and also used beat her.  The Lower Court in the case however dismissed the appellant’s plea for divorce on the ground that the appellant’s allegations were vague.

In appeal, the High Court of Punjab and Haryana allowed the appellant’s divorce and made the following observations in the case:

  • The Court noted that the appellant had tendered her evidence and supported all the pleadings in the case, however, the respondent husband had not produced any rebuttal evidence.
  • In view of the evidences adduced by the appellant wife, the High Court was of the view that there was no reason why the appellant would level false allegations of cruelty and would leave a comfortable life abroad, had she not been shabbily treated.
  • The Court further opined that the fact that respondent has not led any evidence compel us to believe the version of the appellant. It is not out of place to mention here that we were informed, during hearing of the appeal, that the respondent has got no intention to contest the present appeal as he is settled in Australia.

 

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Shilpi Sharan

- Shilpi Sharan is the Editor at Vakilno1.com - an Advocate with extensive knowledge in myriad fields of Law. She has a flair of writing and has legal publications in national and international law magazines to her credit. She focuses on legal research and aims at raising public awareness of laws in India.