In this case, the Knife alleged that her husband used to level false allegations of unchastity to her whenever her relatives were coming to the house of the respondent or ultimately after talking with one of her relatives over telephone, at any point of time after coming from the house of the respondent.
In Para 9, the Hon’ble Court held as
The evidence of the relatives of the petitioner who are said to have visited the house of the respondent when the petitioner was residing with the respondent, and also the evidence of the relative with whom the petitioner was talking over telephone prior to her alleged necking out from the house by the respondent are best evidence to establish the allegations of the petitioner against the respondent about the reason for imputing false allegations of unchastity to her. None of the said relatives of the petitioner are examined on the side of the petitioner to establish the very cause for the respondent to level allegation of unchastity to the petitioner leading this Court to draw an adverse inference against the petitioner under section 114(g) of the Indian Evidence Act. It is not in dispute that the respondent has filed HMOP 65/2014 on the file of Additional Senior Civil Judge, Ongole for divorce on the ground of cruelty against the petitioner. The cross-examination of the petitioner indicates that she has filed present petition after four or five months after coming to the house of her parents. The respondent contends that as counter blast to the HMOP 65/2014 filed against the petitioner the present petition has been pressed into service by the petitioner.
Tanguturi Sai Kumari Vs Tanguturi Vamsi Krishna on 2 November, 2016