Woman gets second chance to prove husband's cruelty
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Chennai: A woman, who had accused her husband of cruelty and forcing her to wear modern clothes and drink alcohol while they lived in California, has got a second chance at proving her case after the Madras high court referring the matter back to the first appellate court, which had acquitted him, for a re-hearing.
Justice S. Vimala allowed the criminal revision petition filed by A S Nasrin and set aside the order of the Fast Track Court No.II of Coimbatore, acquitting her husband Nizam Mohideen.
Nasrin had complained that during her stay with Nizam in California between 1998 and 1999, he had insisted on her wearing modern clothes and drinking alcohol and on her refusal, had been very cruel to her.
The first appellate court had, however, held that there was no documentary evidence to prove the allegation and in view of the talaq pronounced by Nizam there was no husband and wife relationship between the couple when Nasrin had filed her complaint.But disagreeing with its views, the high court maintained that going by the very nature of the allegations, it was not pragmatic to expect documentary evidence to prove them.
The validity or otherwise of talaq could also not be a ground to discard the complaint as allegations of cruelty were made much prior to its pronouncement, the court said, referring the case back to the lower court for a re-hearing.
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