...not, if the court is satisfied that—(a) any of the grounds lor granting relief exists and the petitioner . . . is not in any way taking advantage of his or her own ...petitioner is not in any way taking advantage of her own wrong for the reasons given in the written statement?”Subsequently the additional issue was also..... . . the expression ‘petitioner is not in any way taking advantage of his or her own wrong’ occurring in clause (a) of Section 23(1) ...

...not in any way taking advantage of his or her own wrong or disability for the purpose of such relief, it shal1 pass a decree for such relief. (The emphasis has been supplied by underlining the...not taking advantage of own wrong) existed at the time of that amendment and therefore it should be so construed as not to render S. 13(1A) nugatory. Section 23 and S. 13(1A) may...) irrespective of guilt. The expression "petitioner not in any way taking advantage of his/her own wrong in S. 23(1)(a) does not apply to taking advantage of the statuto...

...of the husband did not do so. In short, learned counsel contended that the husband in presenting a petition under Section 13 (1-A) was taking advantage of his own wrong as contemplated under...so because of the wavered behaviour on the part of the husband and therefore, the husband should not be allowed to take advantage of his • wayward behaviour which prevented the wife from joining his company....can be no doubt that no party to a marital dispute can be allowed to take that advantage. However, the question here is as to whether the husband is taking advantage of his own wrong. According...

...would be denied to the petitioner where it is found that he is taking advantage of his own wrong for the purposes of making out a case to obtain the decree. He has drawn our attention to Section 2...ground specified in sub-clause (a), sub-clause (b) or sub-clause (c) of clause (ii) of Section 5 is not in any way taking advantage of his or her own wrong or disability for the purpose ...advantage of his own wrong as he had not resumed his matrimonial relationship even after the decree of restitution of conjugal rights, instead filed a petition for divorce, that the parties had no...

...liberal interpretation to prevent a wrongdoer from taking advantage of his own wrong.13. We, therefore, allow this appeal and set aside the judgment of the Allahaba...commodum capere potest de injuria sua propria” (No man can take advantage of his own wrong) is one of the salient tenets of equity. Hence, in the normal course, the respondent cannot secure the...assistance of a court of law for enjoying the fruit of his own wrong.8. While considering the question whether District Magistrate would cease to have jurisdiction to pass allotm...

...divorce on this ground. But under section 23(1)(a) of the Act, the Court, before granting the relief to the petitioner had to be satisfied that he was not in anyway taking advantage of his own ...instant case, was that the court had to be satisfied before granting relief to the husband that he was not taking advantage of his own wrong for obtaining the said relief A decree for restitution ...make a petition for divorce on that ground, thus taking advantage of his own wrong. It could not possibly be the intention of the legislature that for the wife, who was keen for a decree for resti...

...other peculiar circumstances of the case. However, the party seeking divorce on the ground of desertion is required to show that he or she was not taking the advantage of his or her own ...defended or not the court would decline to grant relief to the petitioner if it is found that the petitioner was taking advantage of his or her own wrong or disability for the purposes of the reli.... The allegations made in the petition were denied by the respondent and it was stated that in fact the appellant-wife was taking advantage of her own wrongs.3. On the basis of...

...and the petitioner is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief, it shall pass a decree for such relief. (The emphasis has been supplied ...petitioner to relief only if not taking advantage of own wrong) existed at the time of that amendment and therefore it should be so construed as not to render S.13(1A) nugatory. ...under S.13(1A) irrespective of guilt. The expression "petitioner not in any way taking advantage of his/her own wrong" in S.23(1)(a) does not apply to taking advantage ...

...words can be said to be taking advantage of one's own wrong. If we hold otherwise, by giving instructions to banks to stop payment of a cheque after issuing the same against a debt or liability, a...the learned trial Judge completely on a wrong premise inasmuch as for discharging the burden of proof it was not necessary for the appellant to examine himself. Materials brought on record, the learned...found to be not a man of means. He had allegedly advanced a sum of Rs 1 lakh on 13-1-1994. He although had himself been taking advances either from his father or brother or third parties, without making...

...wife in filing the petition. secondly, it was contended that the wife was taking advantage of her own wrong for the purpose of the relief asked for. Both the Courts below found th...petition. It was next contended that the petitioner herself was living in adultery and that she was taking advantage of her own wrong for the purpose of obtaining the divorce. Bef..., that the wife was taking advantage of her own wrong for the purpose of obtaining the divorce. It was submitted on behalf of the husband that the wife was living an adulterous life and t...

...of the issue on the petitioner herein:“Whether the petitioner in asking for relief of divorce is taking advantage of his own wrong.?”2. It appears that an ex...to the satisfaction of the court by leading cogent evidence that the other spouse in asking for the relief of divorce is not taking advantage of his own wrong and that the wording ...that he or she is not taking advantage of his or her own wrong or disability. In the present case the fact that the court has to be satisfied before passing a decree that the respondent herein is not...

...them through their own acts which in other words can be said to be taking advantage of one's own wrong. If we hold otherwise, by giving instructions to banks to stop payment of a cheque a...Section 138 of the Act, it will amount to allowing the party to take advantage of his own wrong.4. The present case was decided by the courts below mainly on the basis ...in pursuance of the notice, the appellant filed a complaint under Section 138 of the Act on 7-7-1995. The Magistrate concerned dismissed the complaint vide an order dated 18-10-1999, taking the view...

...answer to the ground relating to non-resumption of cohabitation after the passing of the decree of restitution of conjugal rights, contended that the appellant was taking advantage of his...the decree of restitution of conjugal rights, the Family Court held that the appellant was not entitled to the relief as he was taking advantage of his own wrong. The petition was therefo...restitution of conjugal rights. Learned counsel for the appellant submitted that mere non-compliance with the decree for restitution of conjugal rights would not amount to taking advantage of one's ...

...issue No. 1 is decided in the affirmative whether the petitioner is still not entitled to the decree for divorce against the respondent as he is taking advantage of his own wrong or disability for the...question that has been agitated by the learned counsel for the appellant is that section 23 (1) of the Act still prohibits the court from granting the relief to the husband if he is taking advantage of his ...petitioner is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief, and(b) where the ground of the petitio...

...annulling the marriage as it would amount to taking advantage of his own wrong. In view of this submission, I find that the decree granted by the trial Court cannot be sustained.6. ...Adarsh Kumar Goel, J.:— This appeal has been preferred against the judgment and decree of the Additional District Judge, Yamunanagar, dated 11.8.1995 declaring the marriage to the nullity....2. Marriage between the parties took place on 5.6.1993 and the petition giving rise to this appeal was filed on 1.9.1993 stating that the first marriage of the respondent-husband was...

...permitted to deny the benefit of maintenance to the respondent, taking advantage of his own wrong. Our reasons for this course of action are stated hereinafter:...tie with Respondent 1. In such circumstances, can the petitioner be allowed to take advantage of his own wrong and turn around to say that the respondents are not entitled to maintenance by filing...need to subserve the social and individual morality measured for maintenance.22. In taking the aforesaid view, we are also encouraged by the following observations of...

...efforts bore no fruit. In these circumstances, it was pleaded that the husband was taking advantage of his own wrong. On these pleadings of the parties, learned Additional District Judge by judgme...the relief as he was taking advantage of his own wrong. The matter was considered in detail by learned Additional District Judge, who concluded that the husband is not taking advantage ..., whether the husband is taking advantage of is own wrong or not, is really not material for the disposal for this appeal. After the grant of decree for judicial separation, question of ...

...letter and will provide a handle to persons trying to avoid payment under legal obligations undertaken by them through their own acts which in other words can be said to be taking advantage of one's own ...favour of the accused by taking note of some discrepancies in the complainant's version. As per the trial Judge, in the course of the cross-examination the complainant was not certain as to when the...impugned cheque (No. 0886322 dated 8-2-2001) was indeed his own. Once this fact has been acknowledged, Section 139 of the Act mandates a presumption that the cheque pertained to a legally enforceable...

...exists the Court shall decree such relief provided the petitioner is not in any way taking advantage of his own wrong or disability for the purpose of such relief. The learned Judge proceeds to..., the petitioner was taking advantage of his own wrong and was not entitled to relief under s. 13(1A). The learned Judge appears to have taken the view that a decree for judicial separation having been...passed against the petitioner in consequence of his own wrong the petitioner must remedy that wrong to become entitled to a decree for divorce, otherwise in applying for a decree for divorce he was taking ...

...husband, but the husband was neglecting the wife, as well as minor child was thus, taking advantage of his own wrong. It was also submitted that though vide order dated 10.10.1988, the respondent-husband.... 6. After hearing counsel for the parties, 1 am of the view that the trial Court was not justified in dissolving the marriage. Since it was a case where the husband was taking the advantage of...his own wrong and though the wife was willing to live with the husband, the husband had failed to look after the wife or the child. The child is now about 17 years female and nothing is shown on the...