Justice SG Mehare while criticising a District Judge upon the use of Single-line reasoning used in an order. “The judge has recorded a single-line reason that there is sufficient evidence to establish the domestic violence caused to the wife. Such a single-line reason is not expected from senior judges like district judges. He appears to have ignored the rules of writing judgment in appeal”, the order stated.
A matter regarding maintenance under the Domestic Violence Act was filed and the magistrate while discussing every piece of evidence in detail and dealing with the provisions of the DV Act, gave a well-reasoned order and rejected the application. Although The session judge overturned the decision of the Magistrate and granted Rs.3000 for maintenance and an additional Rs. 3000 for rent to the wife. Aggrieved by the decision the husband appealed before the High Court.
The court observed, “Writing a judgment in appeal is rewriting the judgment. The appellate court has to re-appreciate the evidence and assign reasons for its conclusion. Merely writing a single line without failing to consider evidence, material placed on record and the facts elicited in proper perspective is incorrect in law. The session judge appears to have not correctly examined the record, considered the rule of appreciating the evidence, and mechanically passed the order (in appeal). The order is illegal, improper and incorrect, and therefore, it is liable to be set aside.”