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About Me

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.

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  • 362, II Floor, Kohat Enclave, Pitampura, Delhi 110034
  • +91-8010850498, +91-9990855750
  • info@shoneekapoor.com
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498a/406

Shakuntala Vs. State Of Delhi

Court: Delhi High Court Bench: JUSTICE Shiv Narayan Dhingra Shakuntala Vs. State Of Delhi On 26 February 2007 Law Point: Complainant Wife thought of using Sections 406 and 498A, IPC against family members to teach lesson to every body — Court cannot be swayed by feelings of hatred of complainant. Fair and just investigation is […]

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Mrinal Kanti Roy Barman & Anr. Vs. State Of Tripura

Court: Gauhati High Court Bench: JUSTICE U.B. Saha Mrinal Kanti Roy Barman & Anr. Vs. State Of Tripura On 7 September 2009 Law Point: Section 498a – Insufficient evidence to prove cruelty and demand of dowry — Conviction unsustainable. Mere allegation not enough to prove guilt in criminal case.     JUDGEMENT   1. The […]

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Smt. Sumangala Vs. Laxminarayan Anant Hegde & Anr.

Court: Karnataka High Court Bench: JUSTICE H.N. Narayan Smt. Sumangala Vs. Laxminarayan Anant Hegde & Anr. On 14 January 2003 Law Point: Father of minor taking away his child from custody of mother even without informing her and who is legally entitled for custody of child : That act does not amount to cruelty to […]

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Surender Tokas Vs. State (NCT Of Delhi)

Court: Delhi High Court Bench: JUSTICE S. Ravindra Bhat Surender Tokas Vs. State (NCT Of Delhi) On 13 March 2007 Law Point: No acceptable material or legal evidence in support of prosecution story about cruelty or cruel acts of such nature meted out by petitioner, resulting in death of deceased — Charge framed under Section […]

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Sandeep Singh Bais @ Anshu & Ors. Vs. State Of M.P. & Anr.

Court: Madhya Pradesh High Court Bench: JUSTICE G.S. Ahluwalia Sandeep Singh Bais @ Anshu & Ors. Vs. State Of M.P. & Anr. On 9 March 2017 Law Point: General, vague and omnibus allegations cannot be treated as sufficient material to send other relatives of husband who otherwise, do not have anything to do with family […]

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Manoj Kisku Vs. State Of Jharkhand & Ors.

The Ratio of This Judgement Has Been OverRuled By SupremeCourt Rupali Devi Vs. State Of Uttar Pradesh & Ors. Court: Jharkhand High Court Bench: JUSTICE R.R. Prasad Manoj Kisku Vs. State Of Jharkhand & Ors. On 18 March 2009 Law Point: Article 226 — Extraordinary jurisdiction — Exercise of — Quashing of FIR — Justified […]

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Hari Gopal Wadhwa & Anr. Vs. State

Court: Delhi High Court Bench: JUSTICE Pradeep Nandrajog Hari Gopal Wadhwa & Anr. Vs. State On 20 August 2007 Law Point: Entire extended family of in-laws of deceased implicated — It is unfortunate police continues to encourage naming of all and sundry while recording statements — Job of SDM was to record statement voluntarily made […]

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State Vs. Srikanth & Ors.

Court: Karnataka High Court Bench: JUSTICE M.F. Saldanha & N.K. Patil State Vs. Srikanth & Ors. On 26 June 2002 Law Point: Charges Against Accused not Established : Acquittal Justified : In Many Cases where Matrimonial Offences Alleged, Police Indiscriminately Roping in whole of Family Including Brothers, Sisters, In-Laws : Unless there is Specific Material […]

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Geeta Mehrotra & Anr. Vs. State Of U.p. & Anr.

Court: Supreme Court Of India Bench: JUSTICE T.S. Thakur & Gyan Sudha Misra Geeta Mehrotra & Anr. Vs. State Of U.p. & Anr. On 17 October 2012 Law Point: Quashing of Cognizance Order — General allegation of physical and mental torture in FIR — Mere casual reference of names of appellants in FIR without allegation […]

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Manas Acharya Vs. State & Anr.

Court: Delhi High Court Bench: JUSTICE Manmohan Manas Acharya Vs. State & Anr. On 29 August 2012 Law Point: Section 498A — Criminal Procedure Code, 1973 — Section 482 — Cruelty — Quashing of FIR — Both parties resolved all their disputes and differences by way an agreement before Mediation Centre — Marriage between petitioner […]

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