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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
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498a/406

Hussan Lal Vs. State Of Punjab & Anr.

Court: Punjab and Haryana High Court Bench: JUSTICE V.M. Jain Hussan Lal Vs. State Of Punjab & Anr. On 11 January 2002 Law Point: Section 406, 498-A — Criminal Procedure Code, 1973 — Section 469 — Criminal Breach of Trust, Cruelty : Limitation for Offence is 3 Years : Limitation shall Commence on Date of […]

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Shanti Devi Vs. State Of Haryana

Court: Punjab and Haryana High Court Bench: JUSTICE N.K. Agrawal Shanti Devi Vs. State Of Haryana On 5 February 1999 Law Point: Allegations appear to be totally vague. Not clear from complaint as to when alleged articles or money demanded or misappropriated or given to bride or bridegroom during marriage. Nothing to show prima facie […]

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Shakson Belthissor Vs. State Of Kerala & Anr.

Court: Supreme Court Of India Bench: JUSTICE Dr. Mukundakam Sharma & Dr. B.S. Chauhan Shakson Belthissor Vs. State Of Kerala & Anr. On 6 July 2009 Law Point: To constitute cruelty under Section 498A there has to be harassment of the woman with a view to coercing her or any person related to her to […]

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Sanjay Vs. State Of Maharashtra

Court: Supreme Court of India Bench: JUSTICE S.B. Sinha & Markandeya Katju Sanjay Vs. State Of Maharashtra On 8 March 2007 Law Point: Three different dying declarations. Prosecution not proved appellant’s guilt under Section 306, IPC of abetting suicide beyond reasonable doubt. Judgments of High Court and Trial Court U/S 306 and 498A quashed. JUDGEMENT […]

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Munish Bhasin & Ors Vs. State

Court: Supreme Court of India Bench: JUSTICE R.V. Raveendran, J.M. Panchal Munish Bhasin & Ors vs State on 20 February 2009 Law Point: Section 438–Anticipatory bail–Offences under Sections 498A and 406 r/w Section 34, I.P.C.–Whether in proceeding under Section 438, Court would be justified in awarding maintenance to wife and child?–Held, “no”–Maintenance can be claimed […]

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Falguni @ Anirudh Pradhan and Ors. vs. State of Bihar (Now Jharkhand)

Court: Jharkhand High Court Bench: JUSTICE D.P. Singh Falguni @ Anirudh Pradhan and Ors. vs. State of Bihar (Now Jharkhand) Law Point: The complainant had sexual intercourse with the Appellant even before marriage, proved that she had not been induced into marriage.More over,lack of material proof as regards the marriage,rendered the prosecutions story regarding mock […]

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Penchala Sadaiah & Ors. Vs. State Of A.P.

Court: Andhra Pradesh High Court Bench: JUSTICE Dalava Subrahmanyam PENCHALA SADAIAH & ORS. Vs. STATE OF A.P. On 18 July 2003 Law Point: Prosecution failed to prove cruelty or harassment for not fulfilling demand for additional dowry and failed to prove offence under Section 498A, IPC. Husband not found guilty of offences under Sections 304-B […]

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Dagadu Shankar Todmal Vs. State Of Maharashtra

Court: Bombay High Court Bench: JUSTICE A.D. Mane & R.G. Deshpande Dagadu Shankar Todmal Vs. State Of Maharashtra On 28/29.7.1997 Law Point: Altercation or conflict between husband and wife does not amount to “cruelty” and cannot attract provisions of Section 498A. Conviction cannot be based on sentimental approach. JUDGEMENT 1. This appeal is filed by […]

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Rajendra Ramkrishna Lande Vs. State Of Maharashtra

Court: Bombay High Court Bench: JUSTICE Vishnu Sahai Rajendra Ramkrishna Lande Vs. State Of Maharashtra On 30 July 1997 Law Point: Allegations of general nature. Not a case of prosecution that Husband used to physically ill-treat deceased Wife.Fit case to grant benefit of doubt to appellant.     JUDGEMENT   1. Through this appeal, the […]

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State Of U.P. Vs. Sushil Kumar Jain & Ors.

Court: Allahabad High Court Bench: JUSTICE Bhanwar Singh State Of U.P. Vs. Sushil Kumar Jain & Ors. On 23 May 2002 Law Point: Not Dowry but Suspected Bad Character of Wife was Main Cause of Strained Relationship Between Two and such Strained Relationship Turned into Bitterness, Eventually Leading to their Divorce. Trial Court Rightly Recorded […]

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