NAVEEN RAM AND OTHERS Vs. VIMLA
HIGH COURT OF UTTARAKHAND
Naveen Ram And Others
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(1.) Having heard learned counsel for the revisionist
and on going through the judgment passed by Chief Judicial
Magistrate, Pithoragarh and affirmed by Sessions Judge,
Pithoragarh, it transpires that Naveen Ram (revisionist no. 1)
was in company of Vimla Devi (respondent), nonetheless he
was already married. At the same time, Smt. Vimla Devi was
also wedded second time with Naveen Ram while her first
husband Pushkar Ram was alive. It has been adduced in the
evidence by Mohini Devi (mother of Vimla Devi) that her
daughter got divorce from her previous husband in Tehsil.
(2.) Learned counsel for the revisionists has argued that
this divorce was not in accordance with law, as envisaged
under the Hindu Marriage Act. This argument is not
acceptable for the reason that under the Domestic Violence Act
it is not necessary for providing relief to a woman, that such
woman should be legally wedded wife of a man against whom
relief is being claimed.
(3.) It has been argued on behalf of revisionists that
Naveen Ram and his parents were not rendered opportunity to
cross examine Smt. Vimla Devi but after perusing the trial
court's judgment, it is explicit and evident in so many words
that opportunities of hearing were rendered by the trial Judge,
time and again, to Naveen Ram but he did avail the same.
Now, he cannot frustrate the entire findings of the court below
just on the pretext that no opportunity was rendered to crossexamine the witnesses.
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