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. Ravindra Bhat Narinder Kaur Vs. State (nct Of Delhi) & Anr. On 6 June 2007 Law Point: Sections 498A, 406 — Bail — Cruelty, Criminal Breach of Trust — Grant of bail subject to condition of payment of Rs. 50,000/- by petitioner mother-in-law — Setting aside of condition […]
Court: Allahabad High Court Bench: JUSTICE Vinod Prasad RUBI & ORS. Vs. STATE OF U.P. & ANR. On 16 March 2007 Law Point: Cruelty, Dowry Demand — Summoning of younger members of family, unjustified. At stage of summoning it is not law that even younger members of family be also summoned to stand trial along […]
Court: Supreme Court of India Bench: JUSTICE Dr. Arijit Pasayat & D.K. Jain Hazarilal Vs. State Of M.P. On 20 June 2007 Law Point: Conviction based merely on surmises and conjectures. There is no other material to show how deceased was being harassed or subjected to cruelty, conclusion of High Court that because deceased committed […]
Court: Supreme Court of India Bench: JUSTICE J.B. Garg Dr. Arijit Pasayat & Asok Kumar Ganguly Law Point: Complainant not a legally wedded wife of appellant, Section 498A, IPC has no application. JUDGEMENT Leave granted 2. Challenge in this appeal is to the order passed by a learned Single Judge of the […]
Court: Supreme Court Of India Bench: JUSTICE B.P. Singh & Altamas Kabir B.T. Jayaram Vs. State Of Karnataka On 6 March 2006 Law Point: Prayer made to reduce sentence to period already undergone under Section 498A. Sentence of appellant reduced to period already undergone — Impugned judgment of High Court modified. JUDGEMENT […]
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 […]
Court: SUPREME COURT OF INDIA Bench: JUSTICES S. Abdul Nazeer & Krishna Murari S. Abdul Nazeer, J. & Krishna Murari On 8 February 2022 Law Point: Criminal Procedure Code, 1973 — Section 482 — Cruelty — Husband and her in-laws — Quashing of FIR — Court has at numerous instances expressed concern over misuse of […]
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 […]
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 […]
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 […]