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 Siddharth Mridul Chetan Kapoor @ Vikas Vs. State on 11 September 2015 Law Point: Proceedings under Secs. 498A/406 IPC are not meant for recovery of stridhan. Applicant cannot be denied bail. JUDGEMENT 1. The present is an application under Section 438 of the Code of Criminal Procedure, […]
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: Punjab and Haryana High Court Bench: JUSTICE M.M. Kumar Vidya Devi Vs. State Of Haryana & Anr. On 9 October 2002 Law Point: Section 482 — Indian Penal Code, 1860 — Sections 406, 498-A — Quashing of FIR : Criminal breach of trust, Cruelty : Wife facing criminal prosecution of killing her own husband […]
Court: Bombay High Court Bench: JUSTICE A.P. Bhangale State Of Maharashtra Vs. Vasant Kumar On 17 February 2012 Law Point: Sections 306, 498A – Abetment of Suicide — Cruelty — Dying declaration — Not reliable — Dying declaration in question does not spell out offence punishable under Section 306 and Section 498A, IPC. […]
Court: Delhi High Court Bench: JUSTICE Shiv Narayan Dhingra Raj Rani Vs. State On 23 February 2011 Law Point: Sections 304B, 498A — Bail — Dowry Death, Cruelty — Grant of bail to appellant mother-in-law — If role of two accused persons is same in a crime and Court considers one fit for granting bail, […]
Court: Supreme Court of India Bench: JUSTICES J. Chelameswar, S. Abdul Nazeer Jaskaran Singh vs State Of Punjab And Anr on 25 April 2017 Law Point: Anticipatory Bail-Bigamy-Husband performed second marriage during subsistence of first marriage. There are no criminal antecedents against husband except present case- High Court not justified in dismissing application of Husband […]
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: Punjab and Haryana High Court Bench: JUSTICE J.B. Garg Ms. X Vs. The State Of Telangana Law Point: Bail once granted should not be cancelled unless a cogent case, based on a supervening event, is made out. JUDGEMENT Leave granted. Bail was granted to the second respondent on 17 November 2017 […]
Court: Delhi High Court Bench: JUSTICE S.P. Garg Rashmi Raikhy & Anr. Vs. State Of Nct Delhi & Ors. ORS. On 1 February 2018 Law Point: Sections 406, 498A, 34 — Quashing of Look Out Circular (LOC) — Criminal breach of Trust — Cruelty — Common Intention — Petitioner No. 1 is facing trial for […]
Court: Supreme Court Of India Bench: JUSTICE J. Chelameswar, J. & S. Abdul Nazeer Prassanna Venkardari Agrahar Vs. State Of Maharashtra On 9 March 2017 Law Point: Anticipatory Bail — Grant of — Death of wife in suspicious circumstances — Appellant-accused is a doctor by profession — He has co-operated with police during investigation — […]