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 Pradeep Nandrajog & Yogesh Khanna Vikas Agarwal Vs. Geeti Mathur On 14 February 2017 Law Point: Within six months of custody being with mother, attitude of child turned not only cold but positively hostile towards her father — An attempt ought to have been made to unravel truth whether […]
Court: Delhi High Court Bench: JUSTICE Shiv Narayan Dhingra Shakuntala Vs. State Of Delhi On 26 February 2007 Law Point: Complainant Wife thought of using Sections 406 and 498A, IPC against family members to teach lesson to every body — Court cannot be swayed by feelings of hatred of complainant. Fair and just investigation is […]
Court: Bombay High Court Bench: JUSTICE B.G. Kolse Patil Murlidhar Chintaman Waghmare Vs. Pratibha Murlidhar Waghmare And Another Law Point: Wife’s suit for maintenance under Hindu Adoptions and Maintenance Act was dismissed on merits. Her subsequent application under Section 125 Cr.PC liable to be dismissed. JUDGEMENT 1. This is a Criminal Application filed by the […]
Court: SUPREME COURT OF INDIA Bench: JUSTICES S. Abdul Nazeer & Krishna Murari S. Abdul Nazeer, J. & Krishna Murari On 8 February 2022 Law Point: Criminal Procedure Code, 1973 — Section 482 — Cruelty — Husband and her in-laws — Quashing of FIR — Court has at numerous instances expressed concern over misuse of […]
Court: Gauhati High Court Bench: JUSTICE U.B. Saha Mrinal Kanti Roy Barman & Anr. Vs. State Of Tripura On 7 September 2009 Law Point: Section 498a – Insufficient evidence to prove cruelty and demand of dowry — Conviction unsustainable. Mere allegation not enough to prove guilt in criminal case. JUDGEMENT 1. The […]
Court: Karnataka High Court Bench: JUSTICE H.N. Narayan Smt. Sumangala Vs. Laxminarayan Anant Hegde & Anr. On 14 January 2003 Law Point: Father of minor taking away his child from custody of mother even without informing her and who is legally entitled for custody of child : That act does not amount to cruelty to […]
Andhra Pradesh High Court L. Narasimha Reddy & M.S.K. Jaiswal S. Mahender Vs. Shalini On 2 January 2014 Law Point: Section 12(1)(c) gets attracted only when consent obtained by fraud or through force — Respondent has not made out case under Section 12(1)(c) of Act. JUDGEMENT 1. The appellant is the husband of the respondent. […]
Court: Delhi High Court Bench: JUSTICE Mukta Gupta Anita Vs. Rati Ram Chauhan On 4 November 2011 Law Point: Maintenance — Marriage dissolved on ground of cruelty — Finding of civil Court in matrimonial proceeding is binding on criminal Court — Criminal Court is not entitled to question the correctness or validity of civil Court […]
Court: Supreme Court of India Bench: JUSTICE J.B. Garg Preeti Gupta & Anr. Vs. State Of Jharkhand & Anr. On 13 August 2010 Law Point: Quashing of Complaint — Criminal Breach of Trust, Wrongful Restraint, Hurt, Criminal Conspiracy, Cruelty, Dowry Demand — No specific allegations against appellants, i.e. sister-in-law, her husband, married brother-in-law of complainant, […]
Court: Orissa High Court Bench: JUSTICE D.P. Mohapatra Ram Prasanna Dash Vs. Bhabani Devi Law Point: Wife not entitled to maintenance under section 125 of Crpc when Civil Court has granted a decree declaring the marriage to be null and void. JUDGEMENT 1. Being aggrieved by the order passed by the learned Sub-divisional Judl. Magistrate, […]