Hindu Marriage Act, 1955, Section 13, Indian Penal Code, 1860, Section 497, Evidence Act, 1872, Section 3, 103 -- Divorce - On ground of adultery - Proof of - Law does not postulate direct proof of adultery rather circumstantial evidence which would lead a reasonable and just man to the conclusion of adultery is sufficient...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Divorce on ground of adultery - Impleadment of adulterer - Is necessary to allow him an opportunity to defend himself against the allegations levelled and to vindicate himself - But if the adulterer has already been examined as a witness giving him sufficient opportunity to extenuate..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Extra marital relationship by wife - Some quotations noted in diary cannot be a basis to hold that wife was adulterous - More so, there is no evidence on record to prove that wife had any extra marital relation with respondent No.2 or any other person as alleged by husband - Ground of adultery not proved -..........
Tort -- Suit for damages by wife against husband - Plea that wife is living in adultery in an earlier suit - In proceedings u/s 125 Cr.P.C. initiated by wife against husband, it has been held that she is living in adultery - Though such finding cannot be said to be conclusive, however, some weightage needs to be given and if it is so, there is no question of claiming..........
Tort -- Suit for damages by wife against husband - Plea that wife is living in adultery in an earlier suit - So called adulterer also filed suit for damages against husband - Said suit was dismissed by holding that adulterer rendered all kind of assistance to wife including attending to the Court cases instituted by wife against husband and that a child was born to her..........
Civil Procedure Code, 1908, Order 17, Rule 2, 3, Hindu Marriage Act, 1955, Section 13(1) -- Divorce - Evidence of wife closed when she failed to produce evidence inspite of grant of eight opportunities and more opportunity was granted subject to payment of costs of Rs.1,000/- - Taking a liberal view that divorce petition be adjudicated on merits in view of serious..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Adultery - Has to be continuous affair and one or two instance would not disentitle a wife to maintenance contemplated u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - No evidence on record to prove the factum of adultery by wife - However, husband on the other hand admitted his marriage with other woman and birth of four children from her - This alone furnishes sufficient ground for wife to live separately from husband - Wife entitled to maintenance -..........
Indian Penal Code, 1860, Section 497, 498, Criminal Procedure Code, 1973, Section 198(2) -- Adultery - Husband concerned alone can file complaint against adulterer - However, in the absence of such husband, some other person can make complaint in respect of said offence under conditions provided in S.198(2) Proviso Cr.P.C. - But once husband obtains divorce from his wife,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Claim by son and wife - Wife living in adultery - It is proved on record that wife is legally wedded wife of husband but she failed to prove that son is legitimate or illegitimate child of husband - It does not mean that wife is or was living in adultery - Husband on the other hand failed to prove the fact that..........
