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: Delhi High Court Bench: JUSTICE Manmohan Manas Acharya Vs. State & Anr. On 29 August 2012 Law Point: Section 498A — Criminal Procedure Code, 1973 — Section 482 — Cruelty — Quashing of FIR — Both parties resolved all their disputes and differences by way an agreement before Mediation Centre — Marriage between petitioner […]
Court: Delhi High Court Bench: JUSTICE Dr. S. Muralidhar Purshotam Gupta & Ors. Vs. State & Anr On 23 January 2008 Law Point: Petition under Section 13(1)(ia) and 13(1)(ib) of Hindu Marriage Act is converted into petition under Section 13B of Hindu Marriage Act for grant of decree of divorce by mutual consent. Sections 406, […]
Court: Delhi High Court Bench: JUSTICE Dr. S. Muralidhar Keshav Kumar Vs. State On 5 September 2014 Law Point: Marriage between deceased and appellant not established and they had not been cohabiting as husband and wife or living as husband and wife — Question of convicting appellant for offence under Section 498A, IPC does not […]
Court: Jharkhand High Court Bench: JUSTICE Hari Shankar Prasad Hamidan Khatoon & Ors. Vs. State Of Jharkhand & Anr. On 28 April 2004 Law Point: FIR lodged with ulterior motive by way of causing harassment : Its continuance will be abuse of process of Court : Criminal proceedings quashed. JUDGEMENT 1. This application under Section […]
Court: Punjab and Haryana High Court Bench: JUSTICE Jasbir Singh Azad Singh & Ors. Vs. State Of Haryana On 21 May 2003 Law Point: Quashing of FIR : Case registered under Sections 304-B and 498-A, I.P.C. after death of bride after gap of about 2 years : May be out of sheer frustration and to […]
Court: Jammu & Kashmir High Court Bench: JUSTICE B Bhat Jagjit Singh And Anr. vs Ravinder Kour on 1 May 2003 Law Point: Complaint against the petitioner and taking of cognizance by the learned Magistrate under Section 406 RPC and issuance of process being time-barred by law, are quashed because the continuance of the proceedings […]
Court: Supreme Court Of India Bench: JUSTICE S.B. Sinha & Dr. Mukundakam Sharma Harmanpreet Singh Ahluwalia & Ors. Vs. State Of Punjab & Ors. On 5 May 2009 Law Point: Allegations contained in FIR made with an ulterior motive to harass appellants. Continuance of criminal proceedings against them would amount to abuse of process of […]
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 […]
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 […]
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 […]