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: Sudhansu Jyoti Mukhopadhaya, Adarsh Kumar Goel Shlok Bhardwaj vs Runika Bhardwaj & Ors on 10 December, 2014 Law Point: After Mutual Consent Divorce Disputes can not be reopened. High Court will ordinarily not interfere in revision with an order of acquittal except in exceptional cases JUDGEMENT 1. This appeal […]
Court: Supreme Court of India Bench: Arijit Pasayat, Lokeshwar Singh Panta, P. Sathasivam Sundar Babu & Ors vs State Of Tamil Nadu on 19 February, 2009 Law Point: 498 A Quash, Complaint filed after a long gap JUDGEMENT Challenge in this appeal is to the order passed by the learned single Judge of the Madras […]
Court: High Court of Delhi Bench: JUSTICE KAILASH GAMBHIR Mr. Sunil Gupta Versus State of NCT of Delhi on August 01, 2008 Law Point: After mutual consent the complainant deliberately evading appearance and not traceable JUDGEMENT IO Santosh Kumar is present. He states that he has visited house bearing No. H-47, Gharwali Mohalla, Laxmi Nagar, Delhi where […]
Court: Delhi District Court Bench: Sh. Daya Prakash Surender Kumar vs The State (Nct Of Delhi) on 13 May, 2014 Law Point: Acquittal in 498 A – Benefit of doubt due to afterthought and incredible version of prosecution JUDGEMENT 1. By this judgment, I shall dispose off the present appeal under Section 374 […]
Court: Supreme Court of India Bench: Arijit Pasayat, H.K. Sema Sushil Kumar Sharma vs Union Of India And Ors on 19 July, 2005 Law Point: Misuse of 498A is Legal Terrorism. Merely because the provision is constitutional and intra vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment […]
Court: Allahabad High Court Bench: M Jain, M Chaudhary Zeba Khalil Wife Of Prof. Khalil A. vs State Of Uttar Pradesh And Ors. on 18 November, 2005 Law Point: Action under Section 340 Cr.P.C. is undertaken in the interest of justice and not to satisfy the private grudge of a litigant. Every case of perjury […]
Court: Supreme Court Of India Bench: JUSTICES Dr. Arijit Pasayat and D.K. Jain Shivanand Mallappa Koti Vs. The State of Karnataka On 05 June 2007 Law Point: Conviction for offence under Section 498 cannot be sustained in absence of unlawful demand for property and valuable articles. JUDGEMENT 1. In the present appeal, challenge is to […]
Court: Bombay High Court Bench: JUSTICE D Deshpande, S Bobde Kiran Tulshiram Ingale vs Anupama P. Gaikwad And Ors. on 25 July, 2006 Law Point: The criminal proceedings against Husband so also his conviction quashed in view of the mutual understanding, divorce and compromise between Husband and Wife. JUDGEMENT 1. Heard advocates for the petitioner […]
Court: Bombay High Court Bench: JUSTICE N Dabholkar, A Naik, N Patil N.P. ABU Vs. VELLAM THOTTIL ASMA & ORS. On 26 August 1998 Law Point: No Permanent Alimony in Sec 11, Permanent Alimony may be asked in sec 12. JUDGEMENT 1. While considering Family Court Appeal No. 12/2003, Bhausaheb v. Leelabai, a Division Bench […]
Court: SUPREME COURT OF INDIA Bench: Chandramauli Kr. Prasad and Pinaki Chandra Ghose Arnesh Kumar VS State of Bihar and Anr. Dated July 2, 2014 JUDGEMENT The petitioner apprehends his arrest in a case under Section 498-A of the Indian Penal Code, 1860 (hereinafter called as IPC) and Section 4 of the Dowry Prohibition Act, […]