Document of Relinquishment of maintenance got executed by Husband from wife by pressuring her
Oral evidence is given by the husband to prove aforesaid case. The husband has examined one attesting witness on Exh. 41. He has given evidence that the wife admitted her fault and left matrimonial house on her own after execution of document at Exh. 41. The contents of the document are typed. Typist is not examined. There is some space between the matter and the signature of the wife. Signatures are almost at the bottom of page No.2. In the typed matter, there was a marking done for putting signature of wife but at this place there is no signature of wife. In the evidence, wife has admitted the signature but she has contended that signature was given due to pressure of the husband. The general stamp on which document is written, was purchased by the husband. In the evidence, wife has admitted the signature but she has contended that signature was given due to pressure of the husband. The general stamp on which document was written was purchased by the husband when the document was to be executed by the wife. The place of execution is shown as Jalgaon, the place of husband and on the date of purchase of the stamp, the document is shown to be executed. The other contents of Exh. 41 show that household articles, clothes etc were taken by the wife to the house of parents. Nobody is examined to show that household articles and everything was taken by the wife to the house of parents. Thus, there is no such circumstantial check. It does not look probable that educated lady like wife from present case would give admission in writing about illicit relations. The fact that the document is shown to be executed in the house of husband needs to be kept in mind. It also needs to be kept in mind that the husband has not given other particulars of the said man like his name. It is not the case of the husband that he had personal knowledge about relations or he had at any time made inquiry in that regard. He had only suspicion as he had allegedly seen the wife talking on mobile with somebody. All these circumstances have created doubt about defence taken by the husband and his entire story which is mentioned in Exh. 41.
14. The evidence on the record shows that return of the wife to her parents' house would have created more problems for her handicapped father. It was settled marriage and her parents are very poor. In view of these circumstances, the case of the husband that wife was not happy as he was unemployed and she left his company, does not appear to be probable in nature.
Sangita W/O Ashok Wani vs Ashok S/O Keruji Wani on 2 November, 2012
Bench: T.V. Nalawade
Citation; 2013 CR L J (NOC)298 bombay
