Uttarakhand HC directs family court to hear afresh case involving woman's identity, marital status

Nainital, Nov 18 (PTI) The Uttarakhand High Court has directed the family court to hear afresh a case concerning the identity and marital status of a woman seeking interim maintenance.

Justice Ashish Naithani, while hearing the case, observed that the family court had not adequately investigated the woman's identity, her marital status, or the validity of her claim that she was Kharak Singh's second wife.

The Nainital family court had previously ordered the payment of maintenance to Dhanuli Devi. Following this, Kharak Singh filed a criminal revision petition in the High Court, challenging the order. He contended that his wife had died on August 5, 2020, and that Dhanuli Devi, a domestic help, was falsely claiming to be his wife in order to obtain pension benefits.

During the hearing, both Kharak Singh and Dhanuli Devi, who claimed to be his second wife, appeared before the court. The woman identified her mother as Durga Devi and her father as Bilob Singh. She stated that she had a married son and a married daughter, and that Kharak Singh had given away her daughter in marriage. The woman, who claimed to be illiterate, sought interim maintenance.

However, Singh denied her claim, maintaining that she was not his wife.

The court found discrepancies, noting that there were two women named Dhanuli Devi on record, one of whom was allegedly deceased in 2010, and the other, who appeared before the court, claiming to be Kharak Singh's wife. The woman’s Aadhaar card listed her name as Dhanuli Devi and her husband's name as Kharak Singh.

The high court remarked that the case involved complex factual issues that required a thorough investigation. It pointed out that only documentary and other evidence could establish the truth, but the family court had failed to conduct such an investigation.

Setting aside the family court's order, the high court directed that the case be heard afresh, with both parties allowed to present evidence regarding their identities, marital status, and other relevant facts. PTI DPT HIG HIG