Interesting points in this case of DV.
PW1 has deposed in her chief examination that at the time of her marriage her parents have given cash of Rs.1,81,000/- and gold ornaments weighing 20 sovereigns to the respondent no.1. PW1 has stated during the course of her cross-examination that the said cash and gold ornaments were handed over to the respondents at their(petitioner) house about 10 days prior to her marriage. PW2 has stated during the course of his cross-examination that the parents of PW1 have given cash of Rs.1,81,000/-, gold ornaments weighing 21 sovereigns to RW1 and his parents at the time performing marriage of PW1 and RW1. Therefore, there is inconsistency in the evidence of PW1 itself and also in the evidence of PW1 and PW2 regarding the time and occasion of presentation of alleged dowry to RW1 and his parents by her parents.
There is no evidence of PW1 before this Court that any cash of Rs.20,000/- was given to the respondents for purchasing cloths.
Madhala Sujatha Vs Madhala Srinivasulu on 8 June, 2015PW1 has also stated during the course of her cross-examination that there are bills to show that the gold ornaments weighing 21 sovereigns that were presented to the respondents were purchased by her parents. The alleged bills are not produced before this Court to show that that the alleged gold ornaments were purchased by the parents of PW1 immediately, prior to or at the time of marriage of PW1 with RW1. The parents of PW1 are not even examined on the side of the petitioner to prove the alleged presentation of dowry of cash and gold ornaments to RW1 and
his parents. The evidence of PW2 also do not reveal that the alleged dowry was presented by the parents of PW1 to RW1 and his parents in his presence. Therefore, it is held that the petitioner has failed to substantiate her contention that the alleged dowry was presented by her parents to RW1 and his parents in her marriage.
