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:PUNJAB AND HARYANA HIGH COURT Bench: JUSTICES JUSTICE AJAY KUMAR MITTAL AND SNEH PRASHAR Anita Rani vs Suresh Kumar On 26 February 2015 Law Point: Wife files false criminal cases against the husband, breaking & throwing mangal sutra, getting husband arrested, neglecting household and ill-treated husband etc. are cruelty. Divorce granted by the court. JUDGEMENT […]
RAJASTHAN HIGH COURT JUSTICE Pradeep Nandrajog, CJ & Vinit Kumar Mathur Jyotsana Vs. Ravi Khatwal On 12 March 2018 Law Point: Appellant-wife has not proved reasonable cause to withdraw from consortium for reason the only ground pleaded by her to withdraw from consortium was dowry harassment i.e. 498A which she could not prove — No […]
Court: GAUHATI HIGH COURT Bench: JUSTICE Arup Kumar Goswami Priyanka Das Bora Vs. Diganta Bora On 13 May 1994 Law Point: Civil Procedure Code, 1908 — Section 24 — Hindu Marriage Act, 1955 — Sections 13(1)(ia), (ib) — Transfer of matrimonial case — No case made out by petitioner-wife — Petitioner is working as […]
Court:DELHI HIGH COURT Bench: JUSTICE S.N. Kapoor MANINDER KAUR Vs. STATE & ORS on 26 March 1999 Law Point: Proceedings against Persons Appearing Guilty of Offence : Requirements — Observations of Supreme Court in Sohan Lal’s case — Applicability of provisions of Section 398, Cr.P.C. — Petitioners neither discharged nor tried and acquitted — Powers […]
Delhi High Court JUSTICE Shiv Narayan Dhingra Vijay Verma Vs State Nct Of Delhi & Anr. On 13 August 2010 Law Point: ‘At any point of time’ cannot be defined as ‘at any point of time in the past’ but where aggrieved person has been continuously living in shared household as a matter of right […]
Bombay High Court JUSTICE Anuja Prabhu Dessai Hardeep Singh Arora Vs. State Of Maharashtra & Ors. On 12 January 2018 Law Point: Protection of Women from Domestic Violence Act, 2005 Section 12 Domestic Violence Restriction on right to travel abroad False/misleading statement Personal vengeance Contempt of Court Petitioner-husband, not being an offender or accused in […]
Court: JAMMU AND KASHMIR HIGH COURT Bench: JUSTICE Sanjay Kumar Gupta Narinder Singh Saini Vs. State & Ors. On 24 May 2018 Law Point: Criminal Procedure Code, 1973 — Sections 5, 6A — Indian Penal Code, 1860 — Sections 498A, 109, 406 — Quashing of FIR — Cruelty — Abetment — Criminal breach of […]
Court: Chhattisgarh High Court Bench: JUSTICE Prashant Kumar Mishra, J. & Arvind Singh Chandel Prabir Kumar Das Vs. Papiya Das On 29 January 2018 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Guardians and Wards Act, 1890 — Section 9 — Civil Procedure Code, 1908 — Order 41 Rule 27 — Cruelty — […]
Patna High Court JUSTICE Aditya Kumar Trivedi Triloki Rai & Anr. Vs. State Of Bihar On 18 December 2017 Law Point: Section 304B — Dowry Death — Death of deceased by sustaining burn injuries within 7 years of marriage — Absence of conclusive evidence of demand of dowry as well as torture soon before death […]
Calcutta High Court JUSTICE Surya Kumar Tiwari Kumar Sankar Chakraborty Vs. Juthika Chakraborty On 6 February 1996 Law Point: Allegations of ill-treatment and neglect — Not substantiated — Wife not residing with her husband of her own accord — Maintenance granted to respondent by Magistrate — Not justified — Set aside. JUDGEMENT This petition has […]