Uttarakhand High Court Directs Family Court to Reassess Case on Woman's Identity and Marital Status

The Uttarakhand High Court has mandated a fresh hearing in a family court case concerning a woman's identity and marital status. The court aims to ensure proper investigation into her claims for interim maintenance.

The Uttarakhand High Court has instructed the family court to re-evaluate a case concerning a woman's identity and marital status, who is seeking interim maintenance. Justice Ashish Naithani noted that the family court had not thoroughly examined the woman's identity, her marital status, or her claim of being Kharak Singh's second wife.

Previously, the Nainital family court had ordered maintenance payments to Dhanuli Devi. This decision was contested by Kharak Singh through a criminal revision petition in the High Court. He argued that his wife passed away on August 5, 2020, and accused Dhanuli Devi, a domestic worker, of falsely claiming to be his wife to gain pension benefits.

Complexities in Identity and Marital Status

During the proceedings, both Kharak Singh and Dhanuli Devi appeared in court. Devi claimed to be Singh's second wife and identified her parents as Durga Devi and Bilob Singh. She mentioned having a married son and daughter, with Singh having given away her daughter in marriage. Despite being illiterate, she sought interim maintenance.

Singh refuted her claims, asserting she was not his wife. The court discovered inconsistencies, noting two women named Dhanuli Devi in records. One allegedly died in 2010, while the other appeared in court claiming to be Singh's spouse. Her Aadhaar card listed her name as Dhanuli Devi and her husband's name as Kharak Singh.

Need for Thorough Investigation

The high court highlighted that the case involved intricate factual matters needing detailed investigation. It emphasized that only documentary and other evidence could establish the truth. However, the family court had not conducted such an investigation.

The high court annulled the family court's order and directed a fresh hearing of the case. Both parties are allowed to present evidence regarding their identities, marital status, and other pertinent facts.

With inputs from PTI