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bbugs   29 September 2021

Divorce case

A wife wants to file a divorce case based on cruelty by her husband. But she does not have any medical report to show his cruelty but she has many direct eyewitnesses who have seen her abusing by her husband. So, my query is, is her chances to win the case high or low if she can only produce eye witnesses and not medical report?


 4 Replies

Advocate Bhartesh goyal (advocate)     29 September 2021

It is not necessary that any fact should be proved by documentary evidence it can be proved by oral evidence so wife can prove cruelty by oral evidence.

1 Like

bbugs   29 September 2021

Thank you for your reply.

Kevin Moses Paul   01 October 2021

Yes the possibility of her winning the case are still high, as eyewitnesses play a big role in a case and since she has them there's are good chances for her to get the judgement in her favour.

minakshi bindhani   08 November 2021

As per your concerns!

The role of an eyewitness under Indian law is significant for the trial process and to maintain the fairness of the justice delivery system. The role of eyewitnesses comes into play during the initial trial procedure where the platform of the entire case is built before a court of law. 

The eyewitness testimonies are considered under section 3(1) of the Indian Evidence Act, 1860. Section 118 of the Indian Evidence Act states that every person should be competent to testify before the Court of law unless exempted due to legal disability. E.g., a lunatic person can not testify as a witness.

Vikas Kumar Roorkewal v. State of Uttarkhand & Ors, the Supreme Court held that eyewitnesses’ plays an important role in the Criminal Justice System and every legislative measure in connection of witnesses contributes to the fundamental principle of a fair trial.

Henceforth, reliable evidence of eyewitness is sufficient even if medical evidence differs.

Hope it is useful!
Minakshi Bindhani

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