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:UTTARAKHAND HIGH COURT Bench: JUSTICE Servesh Kumar Gupta BALBEER SINGH & ORS. Vs. STATE OF UTTARAKHAND & ANR. On 9 August 2011 Law Point: Sections 406 — Criminal Breach of Trust — If daughter leaves this mortal world for any reason whatsoever, then dominion over the property will not return to father of that woman […]
Court:Supreme Court of India Bench: JUSTICE N. Santosh Hegde & B.P. Singh Lella Srinivasa Rao Vs. State Of Andhra Pradesh On 26 February 2004 Law Point: Abetment of Suicide, Cruelty : Inconsistency between two dying declarations : High Court gave acquittal under Section 306, IPC : Witnesses declared hostile by prosecution : Prosecution failed to […]
Court: Himachal Pradesh High Court Bench: JUSTICE Dev Darshan Sud Shashi Kumar Vs. Neelam On 8 July 2010 Law Point: Husband was denied sexual access, subjected to abuse, locked out of his room, kicked out of bed, his mother was abused and respondent was not performing any household work — This stands established by evidence […]
Court: Punjab And Haryana High Court Bench: JUSTICE Madan Mohan Punchhi Ajit Singh & Anr. Vs. The State Of Punjab On 8 December 1982 Law Point: Hindu Succession Act, S. 15 — Hindu female dying leaving property gifted by, and not inherited from parents — Husband in the absence of any son or daughter, alone […]
Court: Delhi High Court Bench: JUSTICE Sunil Gaur Ravi Dutta Vs. Kiran Dutta & Anr. On 11 February 2014 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 12, 28, 23(2) — Interim maintenance — Non-consideration of Domestic Incident Report by trial Court — Court trying cases under D.V. Act cannot bypass mandate […]
Court: Bombay High Court Bench: JUSTICE R.D. Dhanuka Mangesh Balkrushna Bhoir Vs. Leena Mangesh Bhoir On 23 December 2015 Law Point: Cruelty — False complaint by wife — Arrest of Husband and his family members — Taking advantage of one’s own wrong — Respondent-wife filed false complaint alleging offence under Section 498A and other provisions […]
Court: Bombay High Court Bench: JUSTICE A.S. Oka & S.C. Gupta Mr. M. Vs. Mrs. M On 7 February 2014 Law Point: Cruelty — Desertion — Respondent-wife has not substantiated allegations of cruelty in her evidence — She could not substantiate allegations even in Criminal Court — Appellant and his family members were subjected to […]
Court:Punjab And Haryana High Court Bench: JUSTICE R.C. Kathuria Dr. Sant Singh Vs. State Of Punjab On 27 April 2002 Law Point: Sections 406/498-A — Complainant made omnibus allegations against petitioners-accused and tried to rope them all as co-accused to face trial : No justification for summoning co-accused on basis of statement of complainant. JUDGEMENT […]
Court: Punjab And Haryana High Court Bench: JUSTICE K.S. Kumaran Raj Pal Singh Vs. State Of Haryana On 26 April 2000 Law Point: Sections 498-A, 406 — Allegations against petitioners (mother-in-law, brother-in-law and sister-in-law of complainant) are general and vague — At one breath complainant stated that dowry articles were handed over to accused Nos. […]
Court: Supreme Court of India Bench: JUSTICES Dipak Misra & Sudhansu Jyoti Mukhopadhaya Ghusabhai Raisangbhai Chorasiya & Ors. Vs. State Of Gujarat On 18 February 2015 Law Point: There is no allegation of any kind of physical torture — Evidence brought on record with regard to cruelty is absolutely sketchy and not convincing — On […]