Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Husband who used to stay away from his house for his earnings installed CCTV camera in his house after having information from his cousin regarding illicit relationship of wife - CCTV footage proved physical relations of wife with respondent - There is no specific denial on part of wife regarding her..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Decree of divorce in favour of husband - Death of husband during pendency of appeal - Maintainability of appeal - Appeal at the instance of wife is maintainable even after death of husband, as decree of divorce passed in his favour during his lifetime on the ground of adultery would determine her status as wife of deceased..........
Hindu Marriage Act, 1955, Section 13(1)(i), Hindu Marriage (Punjab) Rules, 1956, Rule 10 -- Divorce - Adultery - Non-impleadment of adulterer as party - Spouse alleging adultery, has to implead alleged adulterer as a party - In the absence of said adulterer as a co-respondent, plea of adultery cannot be accepted...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(i), Hindu Marriage (Punjab) Rules, 1956, Rule 10 -- Divorce - Cruelty and adultery - Petition by husband - No evidence on record to prove that wife aborted the child and concealed the foetus at home - Ground of adultery against wife also not proved - Petition filed by husband knowing fully well about person with whom wife..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife living in adultery and willingly left company of husband without any sufficient cause - Said fact is admitted by wife - Wife not entitled to maintenance...........
Hindu Marriage Act, 1955, Section 13, 11 -- Divorce - Res judicata - Grounds for dissolution of marriage are of continuing or recurring nature - If incidents giving rise to cruelty, desertion and adultery are different, cause of action will also differ depending on facts and circumstances - When cause of action is of continuing and recurring nature, subsequent litigation..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Allegation that wife used to visit her brother-in-law which he did not like and many times prevented her - However, evidence on record shows that wife was living away from her native place and her sister and her husband lived at the place where wife resides, so her visit to her sister..........
Hindu Marriage Act, 1955, Section 13(1)(i), (ia), (ib) -- Divorce - Cruelty, desertion and adultery - Petition by husband - Husband and witnesses on his behalf failed to prove adultery by wife - Cruelty as alleged by husband also not proved, on the contrary ground of cruelty as alleged by wife by way of demand of dowry, same was compromised - Ground of desertion also not..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Plea of adultery - Issue of adultery or living in adultery not decided by two Courts below - There is thus, no reason for High Court, at this stage, to go into said issue - Since application of maintenance is maintainable, it is open to both the parties to raise such issue or to lead evidence on such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of divorce petition - Amendment sought to incorporate additional ground of adultery - Divorce petition on the ground of cruelty already sought by husband - If some facts relating to seeking divorce additionally come into knowledge of husband, same can always be brought on record by moving application or amendment of..........
