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: Madhya Pradesh High Court Bench: JUSTICE Atul Sreedharan Jay Prakash and Ors. vs. State of M.P. and Ors. On 21 April 2017 Law Point: Allegation under section 498a against sister in law are peripheral and appear to have been leveled only to put pressure on husband. Quashed. JUDGEMENT 1. The petitioners herein are the […]
The Ratio of This Judgement Has Been OverRuled By SupremeCourt Rupali Devi Vs. State Of Uttar Pradesh & Ors. Court: Punjab and Haryana High Court Bench: JUSTICE Jaishree Thakur Eshan Joshi Vs. Suman On 23 January 2018 Law Point: Petitioner challenged that the complaint is without jurisdiction. High Court thus with its vast inherent powers […]
Court: Supreme Court Of India Bench: JUSTICES Sudhansu Jyoti Mukhopadhaya & Kurian Joseph Swapnil And Others Vs. State Of M.P. On 9 May 2014 Law Point: Allegations are vague and bereft of details as to place and time of incident — Second respondent-wife living separately since April, 2011 — No question of any beating by […]
Court: Supreme Court Of India Bench: JUSTICE Jagdish Singh Khehar & N.V. Ramana Ram Saran Varshney And Others Vs. State Of U.P. and Another On 5 February 2016 Law Point: No clear allegations have been leveled by Wife against any of her sister in laws. Visits by sister in laws cannot be treated as occasions […]
Court: Supreme Court Of India Bench: JUSTICE T.S. Thakur & Vikramajit Sen Sherish Hardenia & Ors., Amrish Hardenia Vs. State Of M.P. & Anr. On 13 December 2013 Law Point: Offence of cruelty – Pleas founded on limitation have to be viewed with great circumspection. JUDGEMENT 1. Leave granted. These appeals assail […]
The Ratio of This Judgement Has Been OverRuled By SupremeCourt Rupali Devi Vs. State Of Uttar Pradesh & Ors. Court: Kerala High Court Bench: JUSTICE Sasidharan Nambiar Dr. Satheesh N.V. and Ors. Vs. State of Kerala and Ors. On 15 July 2009 Law Point: Cognizance of offence – Lack of territorial jurisdiction- Petition to quash […]
Court: Delhi High Court Bench: JUSTICE J.D. Kapoor Basant Kaur & Ors. Vs. State (NCT Of Delhi) On 25 November 2002 Law Point: Section 498A — Cruelty : Manifest Abuse and Misuse of Provisions of Section 498A, IPC : Woman Lived with Her Husband for about 24 Years and had Grown Up Children and Tolerated […]
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: Delhi High Court Bench: JUSTICE Indermeet Kaur Sonal Sharma & Anr., Arun Sharma, Pooja Sharma Vs. State Govt. Of Nct Of Delhi & Anr. On 19 August 2014 Law Point: Section 406 — Criminal Breach of Trust — Criminal intent on part of accused to retain entrusted property — Mere one line at the […]