It appears to the court that any prudent person must have taken note of the bold assertion by wife that the husband's paternal uncle was a witness to the transaction. What is more important to us is that in the counter statement filed by the husband he did not at all refer to the presence of P.W.3, his direct paternal uncle, at the time when the deal was struck. There is no contention whatsoever in the counter statement that the brothers of his father had any animus against the husband or in favour of the wife. If that present assertion were true, certainly we would have expected the husband to plead in reply that this P.W.3 referred to in the petition by the wife as a witness is not a worthy person and he has animus against the respondent. Significantly, there is no such plea raised at all.
Oral Evidence can be the sole ground for conviction
Oral Evidence can be the sole ground for conviction
It appears to the court that any prudent person must have taken note of the bold assertion by wife that the husband's paternal uncle was a witness to the transaction. What is more important to us is that in the counter statement filed by the husband he did not at all refer to the presence of P.W.3, his direct paternal uncle, at the time when the deal was struck. There is no contention whatsoever in the counter statement that the brothers of his father had any animus against the husband or in favour of the wife. If that present assertion were true, certainly we would have expected the husband to plead in reply that this P.W.3 referred to in the petition by the wife as a witness is not a worthy person and he has animus against the respondent. Significantly, there is no such plea raised at all.
It appears to the court that any prudent person must have taken note of the bold assertion by wife that the husband's paternal uncle was a witness to the transaction. What is more important to us is that in the counter statement filed by the husband he did not at all refer to the presence of P.W.3, his direct paternal uncle, at the time when the deal was struck. There is no contention whatsoever in the counter statement that the brothers of his father had any animus against the husband or in favour of the wife. If that present assertion were true, certainly we would have expected the husband to plead in reply that this P.W.3 referred to in the petition by the wife as a witness is not a worthy person and he has animus against the respondent. Significantly, there is no such plea raised at all.
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