A newlywed wife cannot be expected to demand receipts or arrange for independent witnesses when entrusting her jewelry to her husband or in-laws at their request. The High Court of Kerala, in Prasad v. Greeshma [2025: KER:49786], held that consequently, her inability to produce documentary evidence or independent witnesses to prove such entrustment is not fatal to a Petition for the Recovery of Ornaments.
The Court further observes that cases involving gifted ornaments and property received by a woman from her family at the time of marriage must be decided based on the principle of preponderance of probabilities (which applies to civil cases) rather than the standard of proof beyond a reasonable doubt, which applies to criminal cases.
The ‘preponderance of probabilities’ is the standard of proof in civil law, where a court weighs the evidence from both parties and accepts the version that is more likely to be true.
In contrast, ‘proof beyond a reasonable doubt’ is the standard in criminal law, requiring the prosecution to prove its case to the extent that no reasonable doubt remains.
Reference
- Prasad v Greeshma [2025: KER:49786]
