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Useful SC and HC Judgments to help you to deny maintenance to a Qualified wife 18/06/19, 7*18 PM
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"THE PROOF OF
BURDEN RESTS ON
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WHO ASSERTS OR
ALLEGES, NOT ON WHO
DENIES."
Burden of proof:-
Whoever desires any
Court to give judgment as
Section 101,
to any legal right or
5 Indian Evidence Act, -
liability dependent on the
1872
existence of facts which
he asserts, must prove
that those facts exist.
When a person is bound
to prove the existence of
any fact, it is said that the
burden of proof lies on
that person.
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"THE PROOF OF
BURDEN RESTS ON
WHO ASSERTS OR
ALLEGES, NOT ON WHO
DENIES." What to be
proved by prosecution, is
Bhagirath vs State Of well settled that the
Madhya Pradesh, prosecution can succeed
AIR 1976 SC 975 by substantially proving
6 [The same was the very story it alleges. It
reiterated in Narain must stand on its own
Singh v. State, (1997) legs. It cannot take
2 Crimes 464 (Del) ] advantage of the
weakness of the defense.
Nor can the court on its
own make out a new case
for the prosecution and
convict the accused on
that basis.
TAPE RECORDED
CONVERSIONS ARE
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In Satyender Singh v.
Gulab Singh, 2012 (129)
DRJ 128, the Division
Bench of this Court
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FALSELY ACCUSING
HUSBAND IS CRUELTY
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cannot be so lightly
ignored or brushed
aside."
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FORCING HUSBAND TO
GET SEPARATED FROM
HIS PARENTS,
AMOUNTS TO CRUELTY.
The Hon'ble Supreme
Court helds that " It is not
a common practice or
Narendra v/s. K.
desirable culture for a
Meena
Hindu son in India to get
Civil Appeal no.
Application is separated from the
3253/2008
Rejected. No parents upon getting
18 Justice:- Anil R.
maintenance to married at the instance of
Dave
wife. the wife, especially when
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BALD ALLEGATION OF
INCOME OF HUSBAND
IS NOT TENABLE IN
MAINTENANCE LAW
The Hon'ble High Court
helds that "The
maintenance is to be fixed
Ritu Raj Kant v. Anita on the basis of actual
CM(M) No. Application is earnings of a person and
1790/2006 Rejected. No not on his being able
19
Delhi High Court maintenance to bodied person. ... The
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HUSBAND."
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be necessary."
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Prashant Soni
on 13 January 2017
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