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: Chhattisgarh High Court Bench: JUSTICE Sunil Kumar Sinha & R.N. Chandrakar Sangeeta Shukla Vs. Ganesh Shukla On 1 January 2014 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Appellant-wife, was not doing any domestic work and used to quarrel with him and go to her parents’ place — She lodged […]
Jharkhand High Court JUSTICE H.C. Mishra Bula Roy Vs. State Of Jharkhand & Anr. On 16 July 2014 Law Point: Failure of wife to prove her marriage with husband-OP No. 2 — Witnesses examined by petitioner have not proved rituals of marriage — No relative of petitioner examined — On the other hand, OP No. […]
Court: Allahabad High Court Bench: JUSTICE P Srivastava Lalit Bhatia Vs. State Of Uttar Pradesh And Anr. On 27 May 2005 Law Point: Complaint has been filed only with a view to cause harassment to the husband and his family members. Continuation of the proceedings on the basis of complaint impugned in this application is […]
Jharkhand High Court JUSTICE H.C. Mishra Satrughan Baske Vs. Silsia Kerketta & Anr. On 25 March 2014 Law Point: That OP No. 2 is son born to petitioner and OP No. 1 — No cogent evidence that petitioner is biological father of OP No. 2 — Impugned order passed by Courts below directing petitioner to […]
Court: Kerela High Court Bench: JUSTICE A.M. Shaffique, J. & Anu Sivaraman Vijayalakshmi Vs. Vinod Nair On 4 July 2017 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Conduct of appellant-wife is indicative of mental cruelty — During subsistence of valid marriage between parties, respondent-husband suffered major accident — He was […]
Court: Delhi High Court Bench: JUSTICE MUKTA GUPTA Jagdish Nautiyal vs State Of Nct (Delhi) on 9 November 2016 Law Point: JUDGEMENT 1. Convicted for offences punishable under Sections 376/493 IPC Jagdish Nautiyal challenges the impugned judgment dated January 07, 2015 and the order on sentence dated January 12, 2015 directing him to undergo rigorous imprisonment for […]
Court: Madhya Pradesh High Court Bench: JUSTICE S.K. Gangele & Anurag Shrivastava Rishabh Saxena vs The State Of Madhya Pradesh on 8 August 2017 Law Point: JUDGEMENT 1. This appeal under Section 374(2) of Cr.P.C. has been directed by the appellant/accused against the judgment dated 07.10.2014, passed by the VIIth Additional Sessions Judge, Bhopal (M.P.), in S.T. No.183/2014, […]
Court: Patna High Court Bench: JUSTICE Anjana Prakash Shankar Choudhary & Anr. Vs. State Of Bihar On 13 December 2013 Law Point: Indian Penal Code, 1860 — Sections 304B, 498A, 306 — Dowry Death — Cruelty — Abetment of suicide — Deceased alleged to have sustained burn injuries and died — She was removed to […]
Court: Bombay High Court Bench: JUSTICE Naresh H. Patil & T.V. Nalawade Ramesh & Ors. Vs. State Of Maharashtra On 27 March 2012 Law Point: Indian Penal Code, 1860 — Sections 302, 498A, 34 — Murder — Cruelty — Common Intention — Benefit of doubt — Dying declarations do not inspire confidence to convict all […]
Court: Delhi High Court Bench: JUSTICE Manmohan Singh Sardar Avtar Singh Vs. Amarjeet Kaur Gandhi On 16 December 2013 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 13(1)(ib) — Cruelty — Desertion by wife — Irretrievable break down of marriage — Vague allegations of cruelty are not sufficient to grant divorce and onus to […]