Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - It is a serious charge and has to be proved beyond reasonable doubt - But at the same time it is difficult to procure direct evidence for proving such a charge - It is only from the circumstances that an inference can be drawn that spouse against whom complaint has been made was leading an adulterous life...........
Hindu Marriage Act, 1955, Section 13(1)(i), 13(1)(ia) -- Divorce - Adultery & cruelty - Wife and her father admitted her illicit relationship with `M'- No other specific instance was required to be stated or proved by husband for proving his charge of adultery against wife - Even, wife continuing her illicit relationship with `M' even after her marriage - Since charge of..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused a commercial tax inspector demanded Rs.1000/- from complainant for removal of seals of machinery in his factory - Immediate explanation given by accused that amount was forcibly thrust by complainant - Subsequently accused explained that amount was received towards arrears of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Non-payment of maintenance pendente lite - On one hand husband resisted prayer of wife for dissolution of marriage on the ground that he was ready and willing to keep her and on the other hand he backed out even from payment of maintenance allowance to her - More so, husband levelled false allegation that..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree of divorce - Setting aside - Wife sent a letter to Family Court at place `J' expressing that she was unable to travel upto place `J' and to defend proceedings there - She was also making efforts to approach Supreme Court by filing a petition for transfer of case - No finding recorded by Family Court while..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 406, 409, 420, 120B -- Prosecution of a public servant under Prevention of Corruption Act and offences under IPC - Exoneration in departmental proceedings on same charges - Does not ipso facto lead to acquittal of accused in the criminal trial...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty & desertion - Petition by wife - Wife facing ill treatment and harassment at the hands of her husband because of which wife was forced to leave her matrimonial home with her daughter - Parties living separately since 2002 - Husband never approached Court with a prayer for restitution of conjugal..........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Indian Penal Code, 1860, Section 409, 468, 471, 120B - - Bank Manager of Public Sector Bank - Unauthorized conversion of public funds to private funds of an individual - Diversion of public funds by accused amount to criminal breach of trust by committing forgery/use of forged documents as well as offence..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Wife having illicit relationship with respondent no.2 - Statement of PW1 proved that wife was having extra martial affair with respondent no.2 and she was living with him in adultery - PW1 was an eye witness of said illicit relationship - Moreover, said adultery is admitted by wife - Wife on the contrary..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegation by wife against husband and his family members that they demanded dowry from her and ill treated her - Allegations proved to be false - Husband and his family members acquitted in the criminal case - Amounts to utmost cruelty towards husband - Divorce rightly granted...........
