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Adultery Either party to the marriage may present a petition for divorce under cl. (i) of sub-sec. (1) of s. 13, on the ground of adultery of the respondent. The expression 'living in adultery' used in old s. 13(I)(i) meant a continuous course of adulterous life as distinguished from one or two lapses from virtue. It would not be in consonance with the intention of the Legislature to put too narrow and too circumscribed a construction upon the words 'is living' in (old) cl. (i) of sub-sec. (1) of s. 13 of the Act. On the other hand, it was clear that too loose a construction must also not be put on these words. For attracting the operation of these words, it would not be enough if the spouse was living in adultery sometime in the past, but had seceded from such life for an appreciable duration extending to the filing of the petition. It is not possible to lay down a hard and fast rule about it since the decision of each case must depend upon its own merits and tu...

Introduction   The basic purpose of the Criminal Procedure Code, among other things, is to ensure a fair trial where none of the rights of the accused are compromised nor are they unjustifiably favoured. Furthermore, to ensure that the judge concerned hears all parties who are relevant to the trial, their presence at the trial is obviously important. That is why an entire chapter of the Code concerns itself with the process of ensuring the attendance of any person concerned with the case, including an accused or a witness, through various measures, viz. summons, warrant, proclamation and attachment of property. The latter two are used when the former do not yield satisfactory results. Many would argue that the simplest way to ensure the presence of a person, especially an accused, would be to arrest him in all circumstances and detain him so that his presence is beyond doubt. However, such an action would go against the fundamental right that this Constitution provides with,...

CODE OF CRIMINAL PROCEDURE, 1973  CHAPTER XXIV : GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS    321. Withdrawal from prosecution :- The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgement is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried ; and, upon such withdrawal -- (a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences ; (b) if it is made after a charge has been framed, or when under this Code no charge is required, he shall be acquitted in respect of such offence or offences: Provided that where such offence (i) was against any law relating to a matter to which the executive power of the Union extends ; or (ii) was investigated by the Delhi Special Police Establishment under the Delhi Specia...