Question: A who is a school teacher in Allahabad, filed a suit for divorce in Lucknow Court against her husband on the ground of cruelty. Husband denying the charge also challenges the jurisdiction of the Lucknow Court. On whom does the burden of proof lie? Find the answer to the mains question only on Legal Bites. [A who… Read More »

Question: A who is a school teacher in Allahabad, filed a suit for divorce in Lucknow Court against her husband on the ground of cruelty. Husband denying the charge also challenges the jurisdiction of the Lucknow Court. On whom does the burden of proof lie? Find the answer to the mains question only on Legal Bites. [A who is a school teacher in Allahabad, filed a suit for divorce in Lucknow Court against her husband on the ground of cruelty. Husband denying the charge also challenges...

Question: A who is a school teacher in Allahabad, filed a suit for divorce in Lucknow Court against her husband on the ground of cruelty. Husband denying the charge also challenges the jurisdiction of the Lucknow Court. On whom does the burden of proof lie?

Find the answer to the mains question only on Legal Bites. [A who is a school teacher in Allahabad, filed a suit for divorce in Lucknow Court against her husband on the ground of cruelty. Husband denying the charge also challenges the jurisdiction of the Lucknow Court. On whom does the burden of proof lie?]

Answer

The burden of proof is of two kinds:

  1. the burden of proof on pleading, and
  2. the burden of adducing evidence.

The burden that arises from the pleadings depends upon the facts asserted or denied and is determined by the rules of substantive and statutory law or by the presumption of law and fact.

The first kind of burden of proof arising from pleadings and determined by substantive law never shifts. It always remains constant.

Section 103 of the Indian Evidence Act talks about: Burden of proof as to particular fact.— The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence unless it is provided by any law that the proof of that fact shall lie on any particular person Under Section 103 the party has to prove all the facts which he alleges to entitle him. The present section provides the proof of someone particular fact and not the whole of the facts.

So the burden of proof of a particular fact is upon the party who alleges the affirmative of such fact. In civil cases, the burden of proof in the sense of proving a case is discharged by more preponderance of probability.

In this case, where A, who is a school teacher in Allahabad, filed a suit for divorce in Lucknow Court against her husband on the ground of cruelty and husband denying the charge and she is asserting the fact, the burden of proof lies on A to prove the cruelty. In this illustration, the burden has arisen from the pleading of A and is determined by rules of substantive law.

Further, the husband is challenging the jurisdiction of the Lucknow Court so the burden of proof is upon him to prove that Lucknow Court has not the jurisdiction because law always presumes the jurisdiction of the court in whose jurisdiction case is filed and the burden of proof is upon the defendant who is denying such jurisdiction to prove before the court that the present court is not competent to try the case.


Important Mains Questions Series for Judiciary, APO & University Exams

  1. Law of Evidence Mains Questions Series Part-I
  2. Law of Evidence Mains Questions Series Part-II
  3. Law of Evidence Mains Questions Series Part-III
  4. Law of Evidence Mains Questions Series Part-IV
  5. Law of Evidence Mains Questions Series Part-V
  6. Law of Evidence Mains Questions Series Part-VI
  7. Law of Evidence Mains Questions Series Part-VII
  8. Law of Evidence Mains Questions Series Part-VIII
  9. Law of Evidence Mains Questions Series Part-IX
  10. Law of Evidence Mains Questions Series Part-X
Updated On 2021-10-07T19:08:04+05:30
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