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 S.B. Sinha & P.P. Naolekar T. Aruntperunjothi Vs. State Through S.h.o., Pondicherry On 5 March 2006 Law Point: Family members of deceased did not make any complaint themselves rather investigation commenced by FIR lodged by appellant — No reason to disbelieve defence version that cause of death was […]
Court: Supreme Court of India Bench: JUSTICE S.B. Sinha & Lokeshwar Singh Panta Narayanamurthy Vs. State Of Karnataka & Anr. On 13 May 2008 Law Point: Mere evidence of cruelty and harassment not sufficient to bring in application of Section 304B, IPC — It is to be established that “soon before death” deceased was subjected […]
Court: Supreme Court of India Bench: JUSTICES N. Santosh Hegde & B.P. Singh Gurucharan Kumar & Anr. Vs. State Of Rajasthan On 8 January 2003 Law Point: Dowry Death : Abetment of Suicide : Evidence on Record does not Suggest Deceased was Subjected to Cruelty or Harassment by her Husband or by her Father-in-law and […]
Court: Supreme Court of India Bench: JUSTICE H.S. Bedi & Gyan Sudha Misra Maniklal Jain & Ors. Vs. State Of M.P. On 14 July 2011 Law Point: Dowry Death, Cruelty — Only general demands for dowry had been made with respect to other accused and no serious allegations have been levelled against appellant ‘SJ’ — […]
Court: Supreme Court of India Bench: JUSTICES Altamas Kabir & H.L. Gokhale Durga Prasad & Anr. Vs. State Of M.P. On 14 May 2010 Law Point: Sections 304B, 498A — Evidence Act, 1872 — Sections 113A, 113B — Dowry Death, Cruelty — Presumption — Benefit of doubt — It will not be sufficient to only […]
Court: Supreme Court Of India Bench: JUSTICES T.S. Thakur, Adarsh Kumar Goel & R. Banumathi Jagdish & Ors. Vs. State Of Uttaranchal On 25 November 2014 Law Point: Mere demand of dowry at one or two instances may not attract provisions of Section 304B IPC. No material to show there was persistent demand of dowry […]
Court: Supreme Court Of India Bench: JUSTICES Vikramajit Sen & R.K. Agrawal Maya Devi & Anr. Vs. State Of Haryana On 7 December 2015 Law Point: To attract provisions of Section 304B, one of the main ingredients of offence which is required to be established is that soon before her death she was subjected to […]
Court: Delhi High Court Bench: JUSTICE Suresh Kait Ramesh Singh vs State ( NCT Of Delhi) On 12 October 2015 Law Point: No allegation of demand of dowry related to SDM concerned – Five witnesses have already been examined, who are related to the deceased – Petitioner is entitled to bail. JUDGEMENT 1. Vide the […]
Court: High Court of Delhi Bench: JUSTICES Sanjiv Khanna and R.K. Gauba Dhani Ram and Ors. Vs. State Law Point: Dowry death – Acquittal – Benefit of doubt – Appeal filed against conviction and order on sentence for offences of cruelty and dowry death of wife of first Appellant – Whether Appellants entitled for acquittal […]
Court: Delhi High Court Bench: JUSTICE Mukta Gupta Reeta and Ors. vs. State On 19 May2014 Law Point: The petitioners were not on Delhi at relevant time. The petitioner and her husband came to residing in the matrimonial home of deceased for some days and thereafter harassment started to deceased. Even as per the allegations […]