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: 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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Court: Supreme Court Of India Bench: JUSTICE G.B. Pattanaik & Doraiswamy Raju Tarun @ Gautam Mukherjee Vs. State Of West Bengal On 4.5.2000 Law Point: Appreciation of Evidence : Charge Not Established — High Court on scrutiny of evidence held that offence under Section 306, I.P.C. not established by prosecution but offence under Section 498-A, […]
Court: Madhya Pradesh High Court Bench: JUSTICE Vimla Jain State Of Madhya Pradesh Vs. Dulichandra & Anr. On 01 February 2012 Law Point: Vague allegations of cruelty against Husband. Absence of direct and clinching evidence against Husband in respect of cruelty under Section 498A, IPC to victim. Failure of prosecution to establish guilt beyond reasonable […]
Court: Gujarat High Court Bench: JUSTICE D.C. Srivastava Jayesh Rameshbhai Shah & Ors. Vs. State Of Gujarat & Anr. On 7.8.2001 Law Point: Discharge in 498A – Appreciation of Material on Record. Accused discharged on certain provisions of IPC. The Complainant did not tell the cause of injures to doctor; can’t be asked to bring […]
Court: Bombay High Court Bench: JUSTICE G.D. Kamat & A.A. Halbe Shekhar Amonkar Vs. State Law Point: Apreciation of evidence, benefit of doubt given to accused Husband. JUDGEMENT 1. Being aggrieved by the conviction for offences punishable under Sections 478-A, 306, 323 and 506 (Part II) of the Indian Penal Code and […]