Divorce -- Allegation of Compromising Position -- Not equivalent to proof of adultery
(i) Hindu Marriage Act, 1955, S.13(1)(i) -- Divorce -- Allegation of Compromising Position -- Not equivalent to proof of adultery -- Finding a spouse in a compromising position does not establish voluntary sexual intercourse with another person. Adultery must be proved beyond reasonable doubt, unlike other matrimonial grounds which rest on preponderance of probability. Absence of any complaint, police report, or corroboration from family weakens such an allegation. (ii) Hindu Marriage Act, 1955, S.13(1)(ia) -- Divorce -- Cruelty Based on Unproven Adultery Allegation -- Cruelty cannot be founded on allegations that are vague and omnibus. Where the claim of cruelty rests entirely on an unproved allegation of illicit relationship and mutual counter-allegations, it cannot be treated as a distinct ground for divorce.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
