Divorce. Hindu Marriage Act - Section 13 (1).
Allegations of wife can be proved only by her statement.
No other evidence is possible.
Circumstances under which divorce petition was filed is a relevant factor.
"Another aspect which required consideration was, as to why a newly wedded lady immediately after few months of her marriage will leave her husband's house and make such serious allegations and refuse to go back.
Further effort made for reconciliation, also failed. Before passing the judgment impugned a thought should have been given to the misery of the lady who refused to return to her husband's home.
Matrimonial proceedings cannot be simply decided on the basis of mere evidence on record, sometimes the Court while examining and scrutinizing the case has to decide on the circumstances which led to the filing of the case, as in the present case, the allegation made in matrimonial case cannot be proved by the wife by any evidence except her testimony."
See para 41 of Monika Gupta vs. Jitendra Gandhi (06.08.2019 - ALLHC) : MANU/UP/2552/2019
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