Criminal Procedure Code, 1973, Section 125 -- Maintenance - Living in adultery - Wife left matrimonial home and living with her paramour in rented house - Landlord of house testified to this effect - Statement of daughter that her mother was leading an immoral life - Wife not willing to join her husband - Maintenance refused...........
Hindu Marriage Act, 1955, Section 13 -- Hindu Marriage (Punjab) Rules, 1956, R.10 - Adultery - Non impleading of adultator as a co-respondent - Petition is not maintainable for not joining necessary party...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Adultery - 'Seen in a compromise position' - Evidence of such a witness is in the nature of a chance encounter - Though chance witness is not necessarily a false witness, however, it is rash to rely upon such evidence...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Adultery - Proof - Standard of proof is higher and a strict measure of proof is required, though it may not be beyond shadow of reasonable doubt as is required in a criminal case but at the same time it is also not on mere preponderance of probabilities - Proceedings for divorce on ground of adultery partakes character of quasi..........
Hindu Marriage Act, 1955, Section 13, Hindu Marriage (Punjab) Rules, 1956, Section 6 -- Adultery - Pleading - Petitioner is required to give particulars as nearly as he can of the acts of adultery alleged to have been committed by the respondent(s)...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Adultery charge against wife - Living in adultery sometime in past is not sufficient - It must be proved that wife is living in adultery continuously - Both parties living separately for more than a decade and there is no chance of their living together - Decree of divorce confirmed and permanent..........
Criminal Procedure Code, 1973, Section 125 -- Second marriage during subsistence of first marriage - Amounts to living in adultery - Maintenance order quashed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Adultery - Single act of adultery - Held, merely proving one or more instances of lapses in the character of the wife is not sufficient to absolve the husband from his liability to pay maintenance to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Allegation of wife that she was treated cruelly and there was demand of dowry - Husband levelling false charge of adultery - False charge of such nature itself justifies living separately - No illegality in recording statement of husband in question answer form - Husband earning Rs.40/- per day - No interference..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - `Living in adultery' - Has to be continuous course of adulterous conduct - Stray instances of departure from virtue - Not sufficient to deny maintenance to wife...........
