Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - If a false criminal complaint is preferred by either spouse it would invariably and indubitably constitute matrimonial cruelty and entitle the other spouse to claim divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false criminal case - Absence of pleading - Criminal complaint filed by wife after filing of divorce petition by husband - It is a subsequent event which can be looked into by Court - Moreover, parties were fully aware of this facet of cruelty which was allegedly suffered by husband - Plea of..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable break down of marriage - Supreme Court of India by exercising power under Article 142 of the Constitution has plenary powers to pass decree on the ground of irretrievable break down of marriage - However, this power is not bestowed on any other Court...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Physical violence is not always essential to constitute cruelty and a consistent course of conduct inflicting immeasurable mental agony and torture may well constitute cruelty within the meaning of S.13(1)(ia) of Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Husband alleges that wife is having illicit relations with her distant relative before her marriage and which persisted even thereafter as proved by frequent visits of that person with whom wife had illicit relations in the absence of husband - False and wild allegations made by wife against husband..........
Hindu Marriage Act, 1955, Section 13(1)(i)(ia) -- Divorce - Cruelty and adultery - Evidence on record shows that husband had leveled false allegations of unchastity against wife - It is not the wife whose behavior had been cruel towards husband rather it is husband who by leveling allegations against her character has been admittedly cruel towards her - By filing divorce..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 389 -- Illegal gratification - Suspension of sentence during pendency of appeal - Apprehension of losing job - Conviction cannot be suspended merely on the ground that accused has apprehension of losing his job as it is not an exceptional circumstance for considering his..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 389 -- Illegal gratification - Suspension of sentence during pendency of appeal - Plea of past meritorious conduct - Accused cannot project his track record as a ground for seeking suspension of conviction - Petition dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 14(2), Civil Procedure Code, 1908, Order 8, Rule 1A, Civil Procedure Code, 1908, Order 13, Rule 1 -- Production of documents - If a document required to be produced in Court is not produced with the pleadings of concerned party, then it may be produced at the time of hearing, with the leave of Court, if sufficient reason is shown..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Rejection of irrelevant document - If at any stage Court finds that additional document in the shape of evidence produced with the leave of Court is not relevant or is in admissible in evidence then Court is empowered to reject such evidence in terms of O.13.R.3 CPC...........
