Court must “hear those who cannot shout; listen to those who cannot speak”.
The Court must appreciate the evidence accounting for the
ground realities of life in case of social human relations. The
Court must approach the evidence with empathy and sensitivity
(sentipathy). The Court cannot bypass or ignore the underlined
though not apparent factualities. Proverbially speaking, the
Court must “hear those who cannot shout; listen to those who
cannot speak”. This case must be considered on the evidence
recorded herein only. The evidence shows that the plaintiff was
thrown out of her home within 12 days of the death of her
husband. The plaintiff motherinlaw has had a smooth
transition from her own house to her deceased son's house.
Hence the later evidence of the plaintiff that she was not
allowed to get back into her home stands to reason. The child
would not know if and how her mother may have tried to get
back into her husband's house, but was not allowed by her
grandparents. She has been left where she was, uninterrupted,
undisturbed and unobstructed. It may be unfortunate that she
considers that she was abandoned by her mother. This is only in
the light of later events.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
TESTAMENTARY SUIT NO. 31 OF 2005
IN
TESTAMENTARY PETITION NO. 172 OF 2004
Dilip Chhaganlal Dave ...Deceased
Kalpana Dilip Dave ...Plaintiff
Vs.
Pramila @ Pista Chhaganlal Dave ...Respondent
CORAM : MRS. ROSHAN DALVI, J.
https://www.lawweb.in/2013/03/court-must-hear-those-who-cannot-shout.html
