Appreciation of evidence in maintenance case of keeping of concubine
In case of maintenance under this particular provision of the Act. i.e. underSection 125 of the Code, the Courts should not be too rigid, dogmatic and technical in evaluating the overall evidence on record on the contrary, the whole approach should be pragmatic, keeping in view the status of the parties, the social environment in which they live and their illiteracy and backwardness, if any. In the instant case, it may well be remembered that the parties are village-folk belonging to the backward society and living in the backward region of Bastar District of the State. Evidence of such simple witnesses is often crude and earthy; and does not generally have the gingerly quality and finesse which is characteristic only, of the urban society and the social elite.
Anyway, the respondent's father NAW-2 Balram has admitted that Mst. Bodebai is living in his house, but he has deposed that she is living there only as a domestic servant. From his evidence, itself, it is clear that Mst. Bodebai is living in that house since that very time, when the respondent's wife Mst. Radhamani was also living there. The tenor of Balram's evidence and equally so, of the respondent him
Anyway, the respondent's father NAW-2 Balram has admitted that Mst. Bodebai is living in his house, but he has deposed that she is living there only as a domestic servant. From his evidence, itself, it is clear that Mst. Bodebai is living in that house since that very time, when the respondent's wife Mst. Radhamani was also living there. The tenor of Balram's evidence and equally so, of the respondent him
