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: S.B. Sinha, G.S. Singhvi Sanapareddy Maheedhar vs State Of Andhra Pradesh on 13 December, 2007 Law Point: 498A Quashed, continuing proceedings after 7 years of complainant getting re-married is abuse of court process JUDGEMENT Leave granted. This appeal is directed against the order dated 6.12.2006 passed by the learned Single Judge of […]
Court: Supreme Court of India Bench: Ashok Bhan, D.K. Jain Onkar Nath Mishra & Ors vs State (Nct Of Delhi) & Anr on 14 December, 2007 Law Point: Quash of 498 A & 406 commenting 498 A should not be used as a device to achieve oblique motives JUDGEMENT Leave granted. 2. This appeal by […]
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: 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: 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 […]