Sunday, 25 November 2018

Whether cruelty to wife was proved even if she has failed to produce medical certificate of injury caused to her?

Learned Trial Court observed that burden to prove cruelty lies on the appellant and the appellant has failed to do so because she has not enclosed medical report. In our opinion, it is not always possible to do medical for every injury. It is tendency in our society to avail home remedies and to avoid doctors as far as possible, until or unless injury or disease is not very serious. Even otherwise, had the appellant gone to doctor for medical treatment, even then, it cannot be presumed that appellant would keep the prescription of doctor assuming that in future, she will file a Court case and medical prescription would be required in the matter. So we are convinced with the arguments of learned Counsel for the appellant.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

First Appeal No. 105 of 2011

Decided On: 23.07.2018

 Sonia Vs. Sanjay Mehta

Hon'ble Judges/Coram:
Rajiv Sharma and Alok Singh, JJ.

Citation: AIR 2018(NOC) 882 UTR.
Read full judgment here: Click here
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