Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Wife's continuous adulterous conduct not proved by husband - One or two incidents would not establish that wife is living in adultery, particularly when such stray incident is not proved till date - No evidence on record that wife has sufficient source of income for her livelihood - Taking..........
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...........
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..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance - Wife is not entitled to receive maintenance if she is living in adultery or if she refuses to live with her husband without any sufficient reason or that they are living separately by mutual consent...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Word used u/s 125(4) Cr.P.C, does not mean a single act of adultery - It refers to continuous adultery and means something more than a single lapse of virtue...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - One photograph was filed by husband proving that wife is living in adultery with one person - However, said photograph was not proved on record - Even if it is presumed that said photograph is proved, then also it does not prove that wife is living in adultery - Ground of adultery held, not..........
Criminal Procedure Code, 1973, Section 125(5), 127 -- Cancellation of maintenance order - Divorce on ground of adultery passed in favour of husband after passing of order of maintenance - Order of civil court granting divorce on the ground of adultery attained finality - It is not necessary for husband to lead evidence again in the proceeding before Magistrate to prove..........
Criminal Procedure Code, 1973, Section 198, Indian Penal Code, 1860, Section 497, 498 -- Complaint lodged by uncle of victim - Competency - Adultery - Victim was deserted by her husband and thereafter she was living with her son in the house of her uncle and from there she was enticed away by accused - Uncle of victim cannot be considered is an aggrieved person as no..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Living in adultery denotes a continuous course of conduct and not isolated acts of immorality - An act of isolated lapse would not disentitle wife to claim maintenance - Onus is on husband to establish that wife is living in adultery - Evidence which creates some sort of suspicion on conduct..........
