📷 Image: Wikimedia Commons / Maulik Kansara
Crime
Gujarat High Court Declines to Record Testimony of 16‑Year‑Old in Mother’s Adultery Case
✍️ Live Law
🗓 09 Oct 2026, 09:37 PM
👁 11
The Gujarat High Court ruled that a 16‑year‑old cannot be examined as a witness in a case alleging the mother’s adultery, citing the child’s minority.
The Gujarat High Court has refused to examine a 16‑year‑old as a witness in a civil suit alleging adultery by the child's mother. The bench held that the minor’s status precludes compulsory testimony in such personal matters, referencing applicable provisions of the Evidence Act and the Protection of Children from Sexual Offences (POCSO) Act.
The petition seeking the child's testimony was filed by the complainant, who argued that the minor’s account was essential to establish the alleged misconduct. The court, however, emphasized that a minor’s right to protection outweighs the evidentiary value of his or her statements in family‑law disputes.
No further details of the underlying case were disclosed, and the matter was remanded for the parties to explore alternative evidence. The decision underscores the judiciary’s cautious approach to involving children in sensitive family litigations.
The petition seeking the child's testimony was filed by the complainant, who argued that the minor’s account was essential to establish the alleged misconduct. The court, however, emphasized that a minor’s right to protection outweighs the evidentiary value of his or her statements in family‑law disputes.
No further details of the underlying case were disclosed, and the matter was remanded for the parties to explore alternative evidence. The decision underscores the judiciary’s cautious approach to involving children in sensitive family litigations.