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: Punjab and Haryana High Court Bench: JUSTICE J.B. Garg Kavita Sharma And Another Vs. Megh Raj And Another Decided on 15 September 1993 Law Point: Wife did not come forward for joint petition- Whether wife has committed an offence of cheating? JUDGEMENT 1. Kavita Sharma and her brother Arun Kumar, have moved this petition […]
Court: Supreme Court Of India Bench: JUSTICE Aftab Alam & Ranjana Prakash Desai Chandralekha & Ors. Vs. State Of Rajasthan & Anr. on 14 December 2012 Law Point: Criminal Breach of Trust, Cruelty — Quashing of FIR — Allegations are extremely general in nature — No specific role is attributed to Husband and his Family. […]
The Ratio of This Judgement Has Been OverRuled By SupremeCourt Rupali Devi Vs. State Of Uttar Pradesh & Ors. Court: Madhya Pradesh High Court Bench: JUSTICE Indrani Datta Bharat Singh Vs. State Of M.P. on 29 September 2010 Law Point: Cruelty, dowry demand — Limitation — Computation of period — Territorial jurisdiction — Allegations with […]
Court: Supreme Court Of India Bench: JUSTICES K. Venkataswamy & S.S. Mohammed Quadri Arun Vyas & Anr. Vs. Anita Vyas on 14 May 1999 Law Point: Discharge of Accused : After Taking Cognizance of Offence but before Trial of Case by Magistrate : Not Illegal — When there is prima facie evidence or material against […]
Court: Supreme Court of India Bench: Justice Adarsh Kumar Goel and Justice UU Lalit Rajesh Sharma & ors. v. State of U.P. & Anr. on 27th July, 2017 Law Point: Section 498A was inserted in the statute with the laudable object of punishing cruelty at the hands of husband or his relatives against a wife. Many of […]
Court: Supreme Court of India Bench: Adarsh Kumar Goel.J.Uday Umesh Lalit.J. Rajesh Sharma vs The State Of Uttar Pradesh on 27 July 2017 Law Point: Landmark judgment on IPC 498A acknowledging the misuse and directions for Forming Family Welfare Committee. JUDGEMENT Adarsh Kumar Goel, J. 1. Leave granted. 2. The question […]
COURT: HIGH COURT OF DELHI Smt. Indu Bala & ors. Vs. Delhi Administration & ors. Equivalent citations:1991CriLJ1774 Bench: P.K. Bahri, J. Law Point: Criminal – anticipatory bail – Sections 498 A and 406 of Indian Penal Code, 1860 and Section 438 of Criminal Procedure Code, 1973 – petitioners sought anticipatory bail for offence punishable under Sections 498 […]
Court: Rajasthan High Court Bench: MR. JUSTICE Pankaj Bhandari Vijay Kant Sharma Versus State of Rajasthan 22 August 2017 Law Point: No arrest in 498A until report received from Family Welfare Committee. JUDGEMENT 1. It is contended by learned Public Prosecutor that the Police Authority are now bound to adhere to the judgment “Rajesh Sharma […]
Court: Delhi High Court Bench: JUSTICE Suresh Kait Poonam Singh Vs State & Ors. on 22 August, 2013 Law Point: Allegations are so absurd that no reasonable man would accept the same, there is also no allegation of entrustment of any dowry article against the petitioners. Proceedings dropped JUDGEMENT Crl. M.A. Nos. 18903 & 18904/2011 […]
Court: Supreme Court of India Bench: G.P. Mathur, R.V. Raveendran Appasaheb And Anr vs State Of Maharashtra on 5 January, 2007 Law Point: Demand for money on account of some financial stringency or for meeting some urgent domestic expenses cannot be termed as a demand for dowry as the said word is normally understood […]