Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
Court: Andhra Pradesh High Court Bench: JUSTICE K.C. Bhanu Bomma Ilaiah Vs. State Of A.P. On 9 January 2003 Law Point: Section 498-A, Explanation Clauses (a) and (b) — Cruelty : Meaning of cruelty under Clauses (a) and (b) of Explanation to Section 498-A, I.P.C. : Evidence on record does not disclose there was cruelty […]
Court: High Court Of Bombay Bench: JUSTICE V.S. Sirpurkar Deokabai vs. Namdeo and Ors. On 22 July 1994 Law Point: Acquittal – Sections 34, 107, 494, 498A and 498B of Indian Penal Code – Case regarding cruel treatment vague and general in nature – evidence of witnesses contradictory – held, revision application liable to be […]
Court: Supreme Court Of India Bench: JUSTICES C.K. Thakker and D.K. Jain State of Andhra Pradesh Vs. M. Madhusudhan Rao On 24 October 2008 Law Point: Criminal – Cruelty – Acquittal by HC- Delay in filing FIR – Trial Court found Accused guilty of the offence punishable under Section 498A IPC and accordingly sentenced him […]
Court: Supreme Court Of India Bench: JUSTICES G.B. Pattanaik and Shivaraj V. Patil State of Haryana Vs. Jasvinder Singh and Ors. On 28 March 2000 Law Point: Conviction cannot be based on infirm evidence. Husband Acquitted. JUDGEMENT 1. This appeal is by the State of Haryana against an order of acquittal recorded […]
Court: Supreme Court Of India Bench: JUSTICES G.B. Pattanaik and S.N. Variava State of Maharashtra Vs. Ashok Narayan Dandalwar On 27 April 2000 Law Point: Section 498A – There is not the slightest assertion in any of the letters complaining against the husband either he was making any demand at any point of time or […]
Court: Kerala High Court Bench: JUSTICE P. Ubaid Unnikrishnan @ Chandu Vs. State Of Kerala On 17 August 2017 Law Point: Section 498A — Cruelty — Live in relationship – Accused acquitted as parties had not undergone some sort of ceremonies with the object of getting married and they just started living as man and […]
Court: High Court Of Allahabad Bench: JUSTICE Harsh Kumar Priyanka Kulshrestha Vs. State of U.P. and Ors. On 09 February 2017 Law Point: Section 498 – No evidence on record to prove that complainant suffered from any mental and physical cruelty in the hands of accused – Accused rightly acquitted. JUDGEMENT 1. […]
Court: Supreme Court of India Bench: JUSTICES Umesh C. Banerjee & Y.K. Sabharwal Girdhar Shankar Tawade Vs. State Of Maharashtra On 24 April 2002 Law Point: Maintainability of Charge under Section 498-A, by Reason of Order of Acquittal under Section 306, IPC i.e. Abetment of Suicide : Acquittal of Charge under Section 306, Though not […]
Court: Supreme Court Of India Bench: JUSTICE J.B. Garg Kantilal Martaji Pandor Vs. State Of Gujarat & Anr. Law Point: Section 498A Explanations (a), (b) — Cruelty — Scope and ambit of provision — Clause (b) is not attracted as there was no harassment by husband with a view to coercing her to meet any […]
Court: Supreme Court of India Bench: JUSTICE J.B. Garg Dr. Arijit Pasayat & Asok Kumar Ganguly Law Point: Complainant not a legally wedded wife of appellant, Section 498A, IPC has no application. JUDGEMENT Leave granted 2. Challenge in this appeal is to the order passed by a learned Single Judge of the […]