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)(ia) -- Divorce - Cruelty - Petition by husband - Mere saying that wife was an ill-tempered and greedy lady or she became angry off and on, cannot be considered as instance of cruelty - Divorce petition rightly dismissed...........
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 -..........
Hindu Marriage Act, 1955, Section 25(1) -- Maintenance - Quantum - Mutual agreement for divorce and quantum of maintenance - Compromise decree passed - Held, even if agreement relating to quantum may be part of settlement but when the decree was passed on adopting the said settlement, it becomes the order u/s 25(1) of H.M.Act, 1955 - And where permanent alimony is not paid..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings u/s 12 of the Act, at the instance of second wife - Maintainability - Sufficient material on record to infer that relationship between petitioner and respondent as husband and wife, such as marriage photographs, date of birth certificate of their daughter, name of petitioner being father of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Plea of customary divorce - Document regarding customary divorce not registered and does not reveal the customs as required to be followed in concerned community of litigating sides - Said document is of no probative value - Even otherwise, a divorced wife has a right to seek maintenance u/s 125 Cr.P.C. -..........
Criminal Procedure Code, 1973, Section 340 -- Forgery of a document - In divorce petition date of marriage mentioned different than that mentioned in certificate of marriage - Nothing shown as to how it is a case of forgery of document or what benefit is taken by husband by giving different date of marriage - Dismissal of application calls for no interference...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint under Domestic Violence Act - Not maintainable after passing of decree of divorce - Provisions under the Act can be invoked only when domestic relationship is in existence - Where domestic relationship ceases, provisions under the Act cannot be invoked...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Launching of false criminal case by a spouse against other spouse amounts to cruelty...........
