Monday, 12 June 2017

Whether Evidence of domestic servant can be relied on matrimonial proceeding?

The High Court did not take into consideration the evidence of Prabir Malik primarily because of his low status in life. The High Court, in the impugned judgment, erroneously observed that the appellant did not hesitate to take help from his servant in the matrimonial dispute though he was highly educated and placed in high position. The credibility of the witness does not depend upon his financial standing or social status only. A witness which is natural and truthful should be accepted irrespective of his/her financial standing or social, status. In the impugned judgment, testimony of witness No. 4 (Prabir Malik) is extremely important being a natural witness to the incident.
Civil Appeal No. 151 of 2004
Decided On: 26.03.2007
Samar Ghosh Vs. Jaya Ghosh

Hon'ble Judges/Coram:

B.N. AgrawalP.P. Naolekar and Dalveer Bhandari, JJ.

Citation:(2007) 4 SCC 511.
Read full judgment here :Click here
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