Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Parties have been living separately for last more than 20 years and their children have now completed their studies and settled abroad - Marriage between parties is virtually dead - Material evidence available on record would go to show that they have been fighting against each..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Assassination of character amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Assassination of character of husband of having illicit relations with another lady, not proved - Amounts to cruelty - Divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife admitted that she is residing separately for last about 8 years and during this period they have no relations - She had never complained against her husband for not taking her back and she has also not filed petition for restitution of conjugal rights - No intention on the part of wife to resume..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Offence u/s 366 IPC, Ss.5(I), 6 of POCSO Act and S.9 of Child Marriage Act - PW2, PW7 & PW8 are crucial witnesses - If the witnesses are not cross-examined, evidence stands un-rebutted and it would amount to a case of no defence resulting in grave prejudice to accused - More so, PW2/victim..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife had publicized her husband as a womanizer, drunkard and having bad habits in his office - Said act of wife would amount to cruelty, as it would demolish reputation of husband - Explanation given by wife that she did so to protect future of children could not wipe out her act of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband placed on record conversion between parties recorded in CD, its transcript and text messages along with certificate u/s 65-B of Evidence Act - Wife on the other hand did not lead any evidence to contradict the said evidence - Evidence led by husband correctly taken into account..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Factum of marriage and cohabitation cannot be inferred through a single photograph of male and female as seen together, particularly when only positive is filed without negative of photograph and person who took the photograph not examined - Said documents rejected as inadmissible in evidence...........
Partition suit -- Plaintiffs being widow and son of deceased claiming 1/7th share in suit property - School certificate issued in name of plaintiff no.2 without mentioning father's name cannot be taken as proof that deceased is father of plaintiff no.2, particularly when plaintiff no.1 herself admitted that prior to her marriage with deceased, she got married to another..........
Indian Penal Code, 1860, Section 498A, 323 -- Offence u/ss 498-A, 323 IPC - Second marriage of complainant took place with accused - Complainant herself stated that she remained in her in-laws house only for one month and thereafter she came to her parents house - Complaint was filed on false and frivolous ground - Prosecution failed to prove its case beyond reasonable..........
