Refusal Of Husband To Lead Evidence Not Sufficient For HC To Extend Further Opportunity To Adduce Evidence: Allahabad High Court

The Allahabad High Court has held that decision of the Trial Court/ Family Court cannot be set aside because of failure on part of the husband in leading evidence when there is no other infirmity in the order.

The bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh held

“Refusal/ failure on part of the husband to lead any evidence would not be sufficient for this Court to extend a further opportunity to the husband to adduce evidence when no procedural infirmity is shown in the proceedings of the trial court.”

Parties got married in 2001. Though marriage between the parties was dissolved by a decree in 2014, no order for payment of permanent alimony was passed. The respondent-wife alleged that though the husband had agreed for payment of certain sums in proceedings under Sections 125 and 127 Cr.P.C., he never paid them.

In proceedings under Section 25 of the Hindu Marriage Act for grant of permanent alimony, the Trial Court after considering the evidence led, ruled in favour of the wife. The husband challenged this order before the High Court. Inter alia, the husband had alleged that the wife had refused to take the settlement amount decided earlier and was not willing to settle the matter.

The Court observed that the wife was being paid Rs. 7,000/- as monthly maintenance. It was observed that the Trial Court had come to the conclusion that the husband has sufficient income to meet his liabilities based on the income tax return of the husband, his partnership deeds, and other documents.

It further observed that the husband had not led any evidence to contradict or challenge the evidence led by the wife regarding his income before the Trial Court. It was observed that the Trial Court had granted sufficient opportunity to the husband to lead evidence but he could not rebut the evidence led by the wife.

Accordingly, the Court held that there was no procedural infirmity in the order and dismissed the appeal.

Case Title: Neeraj Kumar v. Smt. Shradha Goel [FIRST APPEAL No. - 880 of 2017]

Click Here To Read/Download Order