PUSHPA DEVI; PRATIBHA; SANDEEP SINGH Vs. KHARAK SINGH
HIGH COURT OF UTTARAKHAND
Pushpa Devi; Pratibha; Sandeep Singh
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(1.) Mr. Tumul Nailwal, Advocate is present for the
revisionists. There is no representation on behalf of the
opposite party, though the name of his advocate appears
in the list. The Court has, accordingly, rendered hearing
to learned counsel for the revisionist and has itself looked
into the impugned judgment as well as considered the
merits of the instant revision.
(2.) This revision is directed against the judgment and
order dated 24.04.2007 passed by learned Judge, Family
Court, U.S. Nagar, whereby the Misc. Case No.91 of 2004
u/s 125 Cr.P.C., filed by the revisionists along with her
children, was dismissed.
(3.) On a careful perusal of the judgment, in question, it
appears that Smt. Pushpa Devi, who claimed herself to
have espoused with the opposite party in the year 1977,
has averred that she got appointment in government
service in the year 1982. This way, according to her own
averments, she was a married woman at the time of
appointment, and by that time, a period of almost five
years had already elapsed. But, no reason was furnished
by her as to why she did not mention in the service
records her marital status, as also the name of her
husband. Mere assertion in the cross-examination is not
enough where she had ample opportunity to prove her
version by adducing relevant evidence in this regard.;
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