Document Fragment View

Matching Fragments

30. On the third issue, whether the appellant herein had treated him with cruelty, the learned Family Court observed and held as under:-

"...... From the facts led on record, two issues emerge in the context of alleged cruelty attributed to the respondent. Firstly, the respondent levelled charges of incestuous sexual abuse against the petitioner and secondly the respondent in collusion with her father appropriated and siphoned off whopping sum of US $1,00,000/- from the petitioner's deposits lying in the Vaisya Bank, Punjab & Sind Bank and Canara Bank at New Delkhi by forging documents / letters in regard to which FIR No. 110/94 PS Connaught Place is pending against them on the complaint of the petitioner.
XXXXX Since Hon'ble Apex Court has quashed the FIR against the petitioner on the allegations of incestuous sexual abuse, the respondent should have led the evidence of Ms Mary MaoConnel (From USA) and Akash Dharamraj from India to rebutt the presumption as to whatever child Nikita told to both was the tutored version. It is also to be noted that on medical examination abroad of child Nikita, her hymen was found intact and after due investigation the petitioner was informed by the quarter concerned about the complaint of the respondent on incestuous sexual abuse was found "unfounded" and case was recommended to be closed. ...... In the given facts and circumstances, pitched against the medical report mentioning hymen of child Nikita being intact, the allegations of putting bottle into her vagina falls to ground. It is noted that off late there are email exchanges between the petitioner and the children including Nikita on record which are mostly for facilitating the children in pursing further studies in USA. Daughter Riva has even wished him for "Father's Day".

The respondent has alleged that the petitioner is living with a lady at Caribbean Island as he has remarried. The same has been categorically denied by the petitioner in his cross-examination. The leveling of unfounded allegations by the respondent of second marriage by the petitioner also amounts to mental cruelty........ RWl and RW-2 have not been able to make a dent on the petitioner's case on mental cruelty caused by the respondent due to leveling of incestuous sexual abuse of own daughter of the petitioner which allegations she could not prove.

48. In the considered opinion of this Court, the appellant did not get examine Ms.Mary MaoConnel and Mr.Akash Dharamraj to corroborate allegations of incestuous abuse upon daughter of the parties by the respondent and has thereby failed to prove their medical opinions. In our considered view the learned Family Court has rightly held that in order to obtain orders from the Guardianship Court, the appellant had obtained false Certificates and letters from them.