DCC 53/2003

This case involved dowry claims during a divorce. A key issue was whether witnesses could be heard when one of the parties had taken a decisive oath, and if the same witness could give the same evidence at both the court of appeal and of cassation.

Background

A Respondent (Plaintiff in the first instance) married the Defendant and abandoned her by divorce and refused to pay the rest of her friendship dowry and refrained from spending on her from the date of marriage and until the date of divorce.

The court referred the case to the investigation so that the Plaintiff could prove by all the methods that the Defendant retained an album and a videotape. After hearing the witness, the court asked the Defendant to give a decisive oath to the Plaintiff.