Ritesh Babbar vs Kiran Babbar on 10 March, 2022
32. We are unable to agree with this view of the Family Court. The
approach of the Family Court that it was for the appellant to prove in
negative - that he and his family had not subjected the respondent to
harassment or cruelty the dowry, is palpably wrong and against all cannons
of justice and fairplay. Unless there is a statutory presumption created in
respect of a state of affairs, the initial onus to prove ones case cannot be
shifted by requiring the other party to prove the reverse. We may also rely
upon the decision of this court in KB v SS (2016 SCC Online Del 3288)
which reads: