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True Colors of a Vile Wife

Tag: Dwarika Prasad Satpathy Vs Bidyut Prava Dixit and Anr

Pritilata Majumder Vs Krishnapada Majumder on 23 Apr 2021

Posted on May 13, 2021 by ShadesOfKnife

Based on Apex Court decision here, Single Judge of High Court of Tripura held that the evidence of a dumb witness is a competent witness as per section 119 of Evidence Act.

[14] Evidently the petitioner was produced in court and an expert trained in sign language was also engaged by the court to interpret her evidence. As observed by the court, since the petitioner did not understand sign language she could not communicate her evidence to the interpreter and as a result the interpreter could not interpret her evidence to court. However, the petitioner was able to communicate to the court by her signs and gestures that everything of her life was known to her mother.

[15] In this emerged situation, mother [PW-2] of the petitioner is the best witness on her side. She had intimate knowledge of the signs and gestures and meaning of all expressions of her daughter who was brought up by her since her birth. None on earth other than her could better understand her daughter. The mother categorically stated at the trial that marriage of her daughter with the respondent was solemnized in a temple at Kumarghat and after marriage a daughter was born to her and thereafter the respondent left the area. Her evidence was supported by PW-3, a 70 years old man, unrelated to the petitioner who had no reason to tell lie. Moreover, the husband managed to escape. He never appeared either at the trial court or before this Court to discharge his burden. It was not unknown to him that legal proceedings were initiated by his wife against him because he was arrested in one of the cases instituted by his petitioner wife.

[16] A bare perusal of section 119 of the Evidence Act would show that a deaf and dumb witness who is unable to speak may give his evidence in any other manner intelligible to the court. It may be by writing or by signs in open court. It is evident that the mother [PW-2] and her petitioner daughter [PW-1] came to the court on the same day for giving deposition in the case. It also appears from the record that the petitioner was a literate person. She was able to read and write. Therefore, in case of any doubt, the court could have asked her to communicate her words in writing. The court could have also cleared its doubts from the mother of the petitioner by putting the questions to her in exercise of its power under section 165 of the Evidence Act. Without taking recourse to such means, the Family Court rejected the petition declining to grant maintenance allowance to the petitioner and her daughter which is unacceptable.

Pritilata Majumder Vs Krishnapada Majumder on 23 Apr 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/50658253/

Posted in High Court of Tripura Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents Dwarika Prasad Satpathy Vs Bidyut Prava Dixit and Anr Evidence Act 119 - Dumb Witnesses Pritilata Majumder Vs Krishnapada Majumder | Leave a comment

Dwarika Prasad Satpathy Vs Bidyut Prava Dixit and Anr on 14 Oct 1999

Posted on May 13, 2021 by ShadesOfKnife

A Division bench of the Supreme Court held as follows,

“6………………In our view, validity of the marriage for the purpose of summary proceeding under Section 125 Cr.P.C. is to be determined on the basis of the evidence brought on record by the parties. The standard of proof of marriage in such proceeding is not as strict as is required in a trial of offence under section 494 of the I.P.C. If the claimant in proceedings under Section 125 of the Code succeeds in showing that she and the respondent have lived together as husband and wife, the Court can presume that they are legally wedded spouses, and in such a situation, the party who denies the marital status can rebut the presumption………………”

Dwarika Prasad Satpathy Vs Bidyut Prava Dixit and Anr on 14 Oct 1999

Citations : [1999 ACR SC 3 2547], [1999 AIR SC 3348], [1999 ALD CRI 2 955], [1999 ALR 37 733], [2000 ALT CRI 1 29], [1999 CALLT SC 3 61], [2000 CLT SC 89 167], [1999 GLH 2 1037], [1999 JT SC 8 329], [2000 LW CRL 1 218], [2000 PLJR 1 61], [2000 RLW SC 1 23], [1999 SCALE 6 579], [1999 SCC 7 675], [1999 SUPP SCR 3 684], [1999 SCC CRI 1345], [1999 SUPREME 8 602], [2000 CRLJ 0 1], [1999 RCR CRIMINAL 4 577], [2000 CRI LJ 0 1], [2000 OCR SC 18 348], [1999 AIR SC 3844], [2000 BOMCR CRI SC 731], [1999 CRIMES SC 3 206], [2000 LW CRL 1 217], [2000 CRLJ SC 1], [1999 AIR SCW 3844]

Other Sources :

https://indiankanoon.org/doc/305700/

https://www.casemine.com/judgement/in/5609ad5ee4b0149711411339

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC 125 or BNSS 144 - Women In Live-In Relationships Entitled To Maintenance Dwarika Prasad Satpathy Vs Bidyut Prava Dixit and Anr IPC 494 - Marrying again during life-time of husband or wife Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

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