Occasional lapses from virtue - Courts consistently hold that such lapses do not amount to living in adultery or justify denying maintenance. They emphasize that a single act or sporadic lapses are insufficient to establish continuous adulterous conduct. The phrase living in adultery is interpreted as a continuous course of conduct, not isolated incidents Nesamma VS Manuvel Hentry - Kerala, MERCY VS VARGHESE - Kerala, NARANATH THAZHAKUNIYIL SANDHA VS KOTTAYAT THAZHAKUNIYIL NARAYANAN - Kerala, B. David Sudhakar VS Bandlamudi Nilda Raja Kumari - Andhra Pradesh, Kista Pillai VS Amirthammal - Madras, Y. Mangatayaru VS Y. Seshavataram - Crimes, M. P. SUBRAMANIYAM VS T. T. PONNAKSHIAMMAL - Karnataka, B. David Sudhakar VS Bandlamudi Nilda Raja Kumari - Andhra Pradesh, B. David Sudhakar VS Bandlamudi Nilda Raja Kumari - Current Civil Cases, Y. MANGATAYARU VS Y. SESHAVATARARO - Andhra Pradesh.
Analysis and Conclusion - Judicial decisions across multiple cases reinforce that occasional lapses in virtue do not disqualify a wife from maintenance or constitute living in adultery. The courts focus on continuous conduct rather than isolated acts, requiring clear evidence of ongoing infidelity to justify such claims. This consistent legal principle underscores that sporadic lapses are insufficient grounds for serious marital or maintenance disputes Nesamma VS Manuvel Hentry - Kerala, MERCY VS VARGHESE - Kerala, NARANATH THAZHAKUNIYIL SANDHA VS KOTTAYAT THAZHAKUNIYIL NARAYANAN - Kerala, B. David Sudhakar VS Bandlamudi Nilda Raja Kumari - Andhra Pradesh, Kista Pillai VS Amirthammal - Madras, Y. Mangatayaru VS Y. Seshavataram - Crimes, M. P. SUBRAMANIYAM VS T. T. PONNAKSHIAMMAL - Karnataka, B. David Sudhakar VS Bandlamudi Nilda Raja Kumari - Andhra Pradesh, B. David Sudhakar VS Bandlamudi Nilda Raja Kumari - Current Civil Cases, Y. MANGATAYARU VS Y. SESHAVATARARO - Andhra Pradesh.
lapses from virtue. ... It emphasized that occasional lapses from virtue long before the time of maintenance application do not disentitle a wife from relief ... Decidendi: The court interpreted the phrase 'living in adultery' as denoting a continuous course of conduct, requiring more than occasional ... The consensus of judicial opinion is that the phrase means more than occasional lapses from virtue. In Ma Mya Khin v. N.L. ... #HL....
The court referred to judicial pronouncements to emphasize that occasional lapses from virtue are not sufficient reason for refusing ... It concluded that the lower court's interpretation of 'living in adultery' was mistaken and that occasional lapses from virtue are ... Ratio Decidendi: The court emphasized that 'living in adultery' denotes a continuous course of conduct and occasional lapses ... It has been held in a series of decisions that the e....
The court emphasized that a single act of unchastity or occasional lapses from virtue will not disentitle the wife from claiming ... It held that a single act of unchastity or occasional lapses from virtue will not disentitle the wife from claiming maintenance. ... lapses from virtue constitutes sufficient reason for refusing maintenance. ... Hentri 1961 Ker LT 964 this Court after considering the decisions of several High Courts has held that an #HL....
lapses in virtue does not amount to adultery—Adultery is a continuous course—Sundry incident cannot be bracketed with instances ... breakdown of marriage—Allegation of infidelity has to be proved by evidence—Infidelity or adultery cannot be a matter of presumption—Occasional ... lapses in virtue which may not amount to the wife living in adultery. ... By virtue of their employment while the first respondent was working in Bhimavaram, the appellant was working at Dharbagudem. ... strict....
Ratio Decidendi: The court emphasized that occasional lapses from virtue are not sufficient to refuse maintenance, and continued ... The words living in adultery are, in my opinion, merely indicative of the principle that occasional lapses from virtue are not a sufficient reason for refusing maintenance. Continued adulterous conduct is what is meant by living in adultery. ... The facts elicited in evidence are not merely that there was only one individual lapse or ev....
The words "living in adultery" are, in my opinion, merely indicative of the principle that occasional lapses from virtue are not a sufficient reason for refusing maintenance. Continued adulterous conduct is what is meant by "living in adultery". ... Akilandammal5, observed that occasional lapses from virtue are not a sufficient reason for refusing maintenance and that the continuous adulterous conduct at or about the time of the application is what is meant by "living in adultery" and ....
The court highlighted that a mere lapse or two of adultery does not amount to 'living in adultery' and that there must be a continuous ... that it is a course of continuous conduct on the part of the wife that disentitles her from claiming maintenance and that a mere lapse ... The words "living in adultery" are merely indicative of the principle that occasional lapses from virtue are not a sufficient reason for refusing maintenance. Continued adulterous conduct is what is meant by 'living in adultery'. ....
lapses in virtue which may not amount to the wife living in adultery. ... By virtue of their employment while the first respondent was working in Bhimavaram, the appellant was working at Dharbagudem. ... strict standard of proof so laid down is adopted in the present case, Exs.A-3 and A-4 or/and the self-serving and uncorroborated claims of the appellant, cannot be considered sufficient to prove the allegation of adultery, apart from the fact that even Exs.A-3 and A-4 may only suggest at the worst occasional
A-3 and A-4 may only suggest at the worst occasional lapses in virtue which may not amount to the wife living in adultery. ... By virtue of their employment while the first respondent was working in Bhimavaram, the appellant was working at Dharbagudem.
The words living in adultery are, in my opinion, merely indicative of the principle that occasional lapses from virtue are not a sufficient reason for refusing maintenance. Continued adulterous conduct is what is meant by living in adultery . ... Akilandammal observed that occasional lapses from virtue are not a sufficient reason for refusing maintenance and that the continuous adulterous conduct at or about the time of the application is what is meant by living in adultery and the....
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