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
HIMACHAL PRADESH HIGH COURT JUSTICE Vivek Singh Thakur Shashi kala Vs. Pravesh Chandra Angra On 12 January 2018 Law Point: Legal notice received to join company of respondent, not replied by appellant wife — Appellant breathing hot and cold in one breathe JUDGEMENT The appellant was married to respondent herein on 7.12.1994 according to Hindu […]
Court: MADHYA PRADESH HIGH COURT Bench: JUSTICE Sheel Nagu Raju @ Nagendra Singh Chauhan & Anr. Vs. State Of M.P. & Anr. On 24 November 2017 Law Point: Indian Penal Code, 1860 — Section 498A — Cruelty — Allegation of cruelty made in very vague and non-specific manner — Total absence of description of […]
JHARKHAND HIGH COURT JUSTICE D.K. Sinha Vineeta Devi Vs. Bablu Thakur & Anr. On 25 April 2011 Law Point: Statutory provision by which “wife” has been defined cannot be liberalized in terms of Section 125, Cr.PC — Statute sanctions an illegitimate child from father is entitled for maintenance but such sanction of maintenance not provided […]
Court: RAJASTHAN HIGH COURT Bench: JUSTICE Ajay Rastogi, J. & Mr. Ashok Kumar Gaur Geeta Vs. Raghuveer Singh On 17 July 2017 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Mental Cruelty — Extra marital relations — No reliable evidence — No foundation — Wife alleges illicit relation against husband with her […]
Court: Punjab & Haryana High Court Bench: JUSTICE Jaishree Thakur Angrej Singh Sandhu Vs. State Of Punjab On 4 May 2018 Law Point: Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Sections 498-A, 406, 506 — Quashing of FIR — Cruelty — Criminal breach of trust — Criminal intimidation — […]
Court: MADHYA PRADESH HIGH COURT Bench: JUSTICE J.P. Gupta Ramkumar Sarathe & Ors. Vs. State Of Madhya Pradesh & Anr. On 23 January 2018 Law Point: Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Section 498A — Dowry Prohibition Act, 1961 — Sections 3, 4 — Quashing of charge […]
Court:BOMBAY HIGH COURT Bench: JUSTICE T.V. Nalawade, J. & S.M. Gavhane Rakesh Vs. Vaishali On 13 October 2017 Law Point: Hindu Marriage Act, 1955 — Sections 9, 13(1)(ia), 13(1)(ib), 13(1)(iii) — Restitution of conjugal rights — Cruelty — Desertion — Mental illness — Unsound mind — Grant of divorce — Respondent-wife alleged to be […]
Court: HIGH COURT OF KERALA Bench: JUSTICE A.Muhamed Mustaque Ramachandran @ Chandran vs State of Kerala on 30 March 2022 Law Point: JUDGEMENT 1. In what circumstances does sex on a promise to marry become rape? Does the law postulate determination of the criminality of the sexual act in the context of ‘consent’ on the premise of inviolability […]
CHHATTISGARH HIGH COURT JUSTICE Goutam Bhaduri Nafisa Anjum & Ors. Vs. State Of Chhattisgarh & Anr. On 26 September 2018 Law Point: Omnibus allegations against petitioners — No averments that petitioners were part of shared household — Petitioners are not residing with husband of complainant/respondent and/or in any part of shared household — Domestic relationship […]
Court: JHARKHAND HIGH COURT Bench: JUSTICE Aparesh Kumar Singh, J. & B.B. Mangalmurti Ajay Narayan Das Vs. Asha Devi On 2 February 2018 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Mental Cruelty — Implicating family of husband in criminal case knowingly amounts to cruelty — With a view to put pressure upon […]