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: Orissa High Court Bench: JUSTICE A. Pasayat & D.M. Patnaik Babaji Charan Barik Vs. State On 8.10.1993 Law Point: Appreciation of evidence, no evidence for demand of dowry by Husband. Acquitted. JUDGEMENT Was the unfulfilled dowry claim of the appellant Babaji Charan Barik (hereinafter referred to as the ‘accused’) cause of death of his […]
Court: Andhra Pradesh High Court Bench: JUSTICE L. Narasimha Reddy Bandakuri Parvathi Vs. Bandakuri Vijaya Kumar & Anr. On 11 February 2003 Law Point: Difference between wife and husband cannot be branded as cruelty as defined in Explanation to Section 498A, Indian Penal Code : Ingredients not even alleged, much less proved : Order of […]
Court: Andhra Pradesh High Court Bench: JUSTICEP. Lakshmana Reddy Sangannagari Narasimulu Vs. State Of A.p. On 22 July 2005 Law Point: Only source of information for mother is that, deceased informed her about alleged harassment. Said statement cannot be taken as gospel truth and weak piece of evidence as deponent is not subjected to cross-examination. […]
Court: Rajasthan High Court Bench: JUSTICE Sunil Kumar Garg State Vs. Dhruv Kumar Singh On 12 October 2001 Law Point: The complainant did not even breathe the Allegations of Cruelty in Reply to Divorce Petition. No Illegality in Findings of Acquittal recorded by Magistrate based on Appreciation of Evidence. Offence under Sections 498-A and 406, […]
Court: Jharkhand High Court Bench: JUSTICE R.K. Merathia & R.R. Prasad Rupam Rimpi Verma Vs. Dr. Pranay Verma & Ors. On 28 April 2011 Law Point: Considering materials brought on record and respective cases of parties, Trial Court rightly acquitted Husband on cogent reasons, No grounds made out for interference with impugned judgment. JUDGEMENT 1. […]
Court: Andhra Pradesh High Court Bench: JUSTICE P.S. Narayana Cheruku Umapathi Vs. State Of A.P. 31 August 2004 Law Point: Prosecution unable to point out any other legally acceptable evidence to sustain conviction of Husband under Section 498-A, I.P.C.: Conviction and sentence recorded against Husband under Section 498-A, I.P.C. unsustainable and set aside. JUDGEMENT 1. […]
Court: Karnataka High Court Bench: JUSTICE N.S. Veerabhadraiah Basappa @ Basanagowda Vs. State Of Karnataka On 28 October 2005 Law Point: Accused Husband and complainant Wife amicably settled matter and filed application under Section 320(6), Cr. P.C. Both submitted to have no differences and having two small kids, not appropriate for this Court to send […]
Court: Supreme Court of India Bench: G.P. Mathur, R.V. Raveendran Appasaheb And Anr vs State Of Maharashtra on 5 January, 2007 Law Point: Demand for money on account of some financial stringency or for meeting some urgent domestic expenses cannot be termed as a demand for dowry as the said word is normally understood […]
Court: Supreme Court of India Bench: S.B. Sinha, Markandey Katju Manish Ratan & Ors vs State Of M.P. & Anr on 1 November, 2006 Law Point: Question of territorial jurisdiction of court is to be viewed with regard to continuity of cause of action JUDGEMENT Application of Sections 177 and 178 of Code of […]
Court: Supreme Court of India Bench: Dr. Arijit Pasayat, D.K. Jain Shivanand Mallappa Koti vs The State Of Karnataka on 5 June, 2007 Law Point: Conviction for offence under Section 498 cannot be sustained in absence of unlawful demand for property and valuable articles. JUDGEMENT 1. In the present appeal, challenge is […]