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deepak   05 April 2016

Inference can be drawn when material fact was concealed?

Dear Experts,
In my 125 CrPc case HC refused to take inference regarding concealed income of wife in absence of direct material/evidence. As a result my Writ was dismissed.
                  My query is when material facts has been suppressed or concealed can law permit court under evidence act or any other to draw inference to meet the end of justice? 
If it is so, Kindly provide any supportive judgement and further course of action.


 1 Replies

Vijay Raj Mahajan (Advocate)     05 April 2016

Rightly held by the High Court by dismissing the writ petition as it were you who were to bring on record her income, by summoning, her bank account statement, her salary record from the employer, and her income tax records from the IT department.

As you failed to do so and could not prove her undisclosed income, the High Court had nothing on the case file to admit your petition to review the order of the trail family court granting her the maintenance under section 125 Cr.P.C.

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