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Divorce Case Reopened: Court Admits Bigamy Evidence
27 Oct
Summary
- Wife presented new evidence of husband's alleged second marriage.
- Court allowed fresh witnesses and husband's re-questioning.
- Evidence could justify wife's refusal to rejoin husband.
The Jammu and Kashmir high court has ruled on the admissibility of new evidence in divorce proceedings. A wife was permitted to introduce fresh evidence and recall her husband for further questioning after the initial evidence presentation had concluded.
She claimed her husband had entered into a second marriage while still legally wed to her and had children from this alleged union. This information, if proven, could explain her refusal to reconcile and counter his allegations of cruelty and desertion.
The court clarified that while reopening evidence is not routine, it can be allowed under specific rules and Section 151 of the Code of Civil Procedure when necessary for a fair decision. The alleged second marriage, if established, would significantly impact the divorce case's outcome.
However, the high court found the family court's imposition of Rs 10,000 in costs on the husband premature, as the alleged second marriage had not yet been proven. The case will continue with the high court's directives.
