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:Delhi High Court Bench: JUSTICE S N Dhingra Kanchan Gulati And Anr. Vs. The State And Ors. On 12 September 2007 Law Point: Section 498A/406/34 – No offence has been committed by any of the petitioners. There are no allegations of cruelty against the petitioners. Criminal law can not be allowed to be used to […]
Court: Supreme Court Of India Bench: JUSTICE Jagdish Singh Khehar & S.A. Bobde Pritam Ashok Sadaphule & Ors. Vs. State Of Maharashtra & Anr. On19 March 2015 Law Point: Section 498A — Protection of Women from Domestic Violence Act, 2005 — Quashing of FIR — Cruelty — Allegations levelled against in-laws by wife aimed at […]
Court: Supreme Court Of India Bench: JUSTICE KAILASH CHANDRA AGRAWAL & ANR. Vs. STATE OF U.P. & ORS. Kailash Chandra Agrawal & Anr. Vs. State Of U.p. & Ors. On 16 September 2014 Law Point: Section 406 — Dowry Prohibition Act, 1961 — Section 6 — Quashing of Proceedings — Criminal Breach of Trust — […]
Court: Delhi High Court Bench: JUSTICE V.K. Shali Chander Kanta Lamba & Ors. Vs. State & Ors. On 21 December 2009 Law Point: Sections 498A, 34 — Cruelty, Common Intention — Charge against petitioners not prima facie made out nor any grave suspicion raised — It is highly improbable to assume that married sisters of […]
Court: Andhra Pradesh High Court Bench: JUSTICE U. Durga Prasad Rao Myla Sunitha Priyadarshini Vs. Sho Nandyal Iii Town P.s. And State Of A.P. & Anr. On 13 April 2015 Law Point: Section 498A — Dowry Prohibition Act, 1961 — Sections 3, 4 — Quashing of Proceedings — Cruelty — Dowry Demand — No specific […]
Court: Punjab And Haryana High Court Bench: JUSTICE Bakhshish Kaur Maya Vs. Sudesh Law Point: Sections 498-A, 406 — It is not clear as to when petitioners taunted complainant for not bringing sufficient dowry and gifts — They are living separately and not in same house with complainant — Difficult to make out case of […]
Court: Punjab And Haryana High Court Bench: JUSTICE Dr. Sarojnei Saksen Satinder Kumar Vs. Asha Rani On 15 November 1994 Law Point: Secs. 406, 498-A — Criminal Breach of Trust, Cruelty — Complaint against husband & petitioner-brother-in-law by respondent — Offences u/Secs. 406, 498-A, I.P.C not prima facie disclosed against petitioner, husband’s brother — Maliciously […]
Court: Punjab And Haryana High Court Bench: JUSTICE Nirmal Singh Mukesh Rani Vs. State Of Haryana On 13 August 2001 Law Point: Sections 498-A, 406 — Evidence Act, 1872 — Sections 113-A, 113-B — Quashing of Order : Cruelty, Criminal Breach of Trust : Sister and Brother-in-law of Accused Living Separately in Different Village : […]
Court:Delhi High Court Bench: JUSTICE S.K. Agarwal ANU GILL Vs. STATE & ANR. On 30 May 2001 Law Point: Section 406 — Quashing of FIR : Criminal Breach of Trust : Absence of Allegation of Entrustment Regarding Istreedhan : Question of Misappropriation of Conversion to Her Use does not Arise — Most vital ingredient to […]
Court: High Court Of Calcutta Bench: JUSTICE R.K. Mazumdar Maya Ganguly Vs.The State Law Point: Even if the statements of the complainant and her parents are taken on their face value and accepted in their entirety that the behavior and talks of the complainant was like that of a girl living in a slum or […]