RANCHI: The Jharkhand High Court on Tuesday clarified that a wife’s testimony cannot be deemed unreliable solely on the grounds that an FIR was not lodged in the matter.
A bench of Justices Sujit Narayan Prasad and Sanjay Prasad set aside the Jamshedpur Family Court’s decision in the matter, deeming it flawed, and allowed the appeal filed by the wife.
This appeal challenged the Family Court’s decision to dismiss the divorce petition, which had been filed under Sections 27(1)(b) and (d) of the Special Marriage Act, 1954. The appeal was filed under Section 19(1) of the Family Courts Act, 1984.
“This court is of the considered view that, in matrimonial disputes, when either party adduces evidence to substantiate the element of cruelty, particularly the wife, the mere fact of non-institution of a formal FIR cannot, by itself, be treated as a ground to discredit such testimony…” read the court order.
According to the petition, the marriage was solemnised on October 20, 2010, before the Marriage Officer in Jamshedpur. The couple has two children. The wife alleged that after the birth of their son, her husband started consuming alcohol and subjected her to physical and verbal abuse.
She alleged that her husband’s behaviour became increasingly violent following the death of her father-in-law in 2015; he stopped working. On March 15, 2018, she was forced to leave the matrimonial home with both children.
Subsequently, she began living with her parents and supporting herself and the children through a private job. The HC concluded that the Family Court had failed to evaluate the evidence and allowed the wife’s divorce plea.
Family court’s view on charges struck down
The Family Court, while dealing with the case, had considered the absence of a registered criminal case regarding the alleged assault and harassment as a significant ground to reject the wife’s allegations. However, the High Court held this view as incorrect.