Law:

Section:

(a) Appeal--- ----Appellate Court, jurisdiction of---Scope---Appellate Court to give due deference to findings of Trial Court based on evidence---Scope and purpose of appellate jurisdiction stated. Purpose of appellate jurisdiction is to reappraise and re-evaluate the s and orders passed by the lower forum in order to examine whether any error has been committed by the lower court on the facts and/or law, and it also requires the appreciation of evidence led by the parties for applying its weightage in the final verdict. It is the province of the Appellate Court to re-weigh the evidence or make an attempt to judge the credibility of witnesses, but it is the Trial Court which is in a special position to judge the trustworthiness and credibility of witnesses, and normally the Appellate Court gives due deference to the findings based on evidence and does not overturn such findings unless it is on the face of it erroneous or imprecise. No doubt an Appellate Court may re-appreciate the evidence to ensure only that the approach of the Trial Court while recording and appraising the evidence was not flawed or perverse to the well-settled principles of law, but it is not the function of the Appellate Court to interpret the evidence rather than considering it in its plain meaning and determine what was actually testified and deposed by the parties or their witnesses during evidence and it cannot pass the appellate on the basis of presumption or speculation. (b) Dissolution of Muslim Marriages Act (VIII of 1939)--- ----S. 2(viii)(a)---Family Courts Act (XXXV of 1964), S. 5, Sched.---Suit for dissolution of marriage on the ground of cruelty---Physical and mental cruelty---Meaning of cruelty and the approach to be adopted by Courts while deciding a lis for dissolution of marriage on the ground of cruelty stated. The cruelty alleged may be mental or physical, premeditated or unpremeditated, but lack of intent does not make any distinction. Obviously, if it is a physical act then it would be a question of fact, and in the event of mental cruelty, an enquiry is required to be made as to the nature of the cruel treatment to find out the impact or repercussions thereof on the…

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