Another sh_t of judgment here. Read this entire Para 9 for the entertainment.
As seen the allegations of the petitioner, she was being demanded by the Respondents for want of additional dowry. But there is no proof for that. This Court feels that demanding additional dowry is not an offence. As far as the Domestic Violence Act is concerned, to deal the said offence, there is a separate legislation is enacted. But the quantum of mental agony which an innocent woman faced when she is not in a position to meet the financial requirements of the husband shall have to be understand in the prospective of legislation. The petitioner stated in her evidence that the Respondents harassed her for want of additional dowry. For asking the proof of Domestic Harassment against a woman, is not feasible in all the circumstances. It is depend upon the circumstances of a party. When the husband demands additional dowry, the demand must be took place inside the wall and no third party will have an opportunity to witness the said demand. Logically no husband demands the dowry or other articles in front of others. Obviously, any demand for want of dowry will be took place within four corners of the wall. For proving that fact, evidence may not require. The victim evidence itself is sufficient to prove her case. It is not a standard proof of believing of a particular fact. It is depend upon the circumstances. When the allegation of harassment was depicted by the petitioner herself, the demeanor of the witness manner which she speaks will play a vital role in deciding the case. Because, no third party will have an opportunity to see the harassment alleged to be happened against the petitioner. Therefore, this court feels that Pw1 evidence is alone sufficient to prove her version. If the respondents really did not commit any offence, they should come to the court and defend the case. But the defendants did not choose to put forth their defence in any manner. They fail to attend before this court in all hearing dates. In view of the no challenging the testimony of witness, this court holds the issue in favor of petitioner.
Pathan Bazidhunnisa Vs Shaik Shafiul Rahman on 21 July, 2016