Production Of Mere Photographs Not Suffice To Assert That Wife Leads Adulterous Life: Gujarat HC
The Gujarat High Court has observed that the production of mere photographs will not suffice to assert that the wife leads adulterous life.
The Court has held that such allegation is required to be proved by leading cogent evidence.
The bench of Justice Umesh A. Trivedi made this observation while dealing with a revision application filed by the petitioner-husband challenging the order granting interim maintenance of Rs.30,000/- in all to the wife and daughters per month.
Advocate Rajpurohit Bhawarlal appeared for the petitioner.
The Counsel for the petitioner submitted that the wife is leading adulterous life, and therefore, she is not entitled for maintenance, and therefore, no order for interim maintenance could have been granted.
However, the petitioner – husband did not produce any document showing his earning, particularly regarding his income.
However, the respondent–wife produced several documents which include photographs of two luxury Cars, Fortuner as well as Maruti Breeza Vitara as also copy of the registration certificate for both the high end cars.
The Court noted that the petitioner – husband has sufficient earnings and properties for which he has not produced single documents except bare denial with regard to valuation of the immovable property referred to by him.
The Court observed that the allegation against the wife that she leads adulterous life is required to be proved by leading cogent evidence and production of mere photographs will not suffice to assert that she leads adulterous life.
"So far as interim maintenance is concerned, considering the earning of the petitioner – husband, as stated hereinabove at the rate of Rs.30,000/- in all per month, is much on a lower side and appears to be reasonable to be awarded at interim stage, and therefore, I see no reason to interfere with the order impugned and it is hereby rejected.", the Court held.
Cause Title- Jayantibhai Shravanbhai Rajput v. Minor Nayra Jayantibhai Rajput