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: Supreme Court Of India Bench: JUSTICE KAILASH CHANDRA AGRAWAL & ANR. Vs. STATE OF U.P. & ORS. Kailash Chandra Agrawal & Anr. Vs. State Of U.p. & Ors. On 16 September 2014 Law Point: Section 406 — Dowry Prohibition Act, 1961 — Section 6 — Quashing of Proceedings — Criminal Breach of Trust — […]
Court:BOMBAY HIGH COURT Bench: JUSTICE Abhay M. Thipsay MOHAMMED NAIM Vs. SHAIKH SHAZIYA FARHEEN & ANR. On 4 February 2014 Law Point: Sections 125, 127 — Maintenance — Cancellation — Change in circumstances — Ground — Wife started earning after initial order passed. This was significant change in circumstances, inasmuch, inability of wife to maintain […]
Court:Kerala High Court Bench: JUSTICE M.R. Hariharan Nair Saroja Vs. Janardhanan on 15 June 2001 Law Point: Section 127(2) – Cancellation of order granting maintenance. There is no justification for continuing to provide maintenance to wife and child invoking power under section 125 of CrPC. JUDGEMENT 1. The revision petitioners are another and child, who […]
Court: Delhi High Court Bench: JUSTICE V.K. Shali Chander Kanta Lamba & Ors. Vs. State & Ors. On 21 December 2009 Law Point: Sections 498A, 34 — Cruelty, Common Intention — Charge against petitioners not prima facie made out nor any grave suspicion raised — It is highly improbable to assume that married sisters of […]
Court: Andhra Pradesh High Court Bench: JUSTICE U. Durga Prasad Rao Myla Sunitha Priyadarshini Vs. Sho Nandyal Iii Town P.s. And State Of A.P. & Anr. On 13 April 2015 Law Point: Section 498A — Dowry Prohibition Act, 1961 — Sections 3, 4 — Quashing of Proceedings — Cruelty — Dowry Demand — No specific […]
Court: Calcutta High Court Bench: JUSTICE Dilip Kumar Seth & Subhro Kamal Mukherjee Smt. Kakali Das Vs. Dr. Asish Kumar Das On 11 February 2004 Law Point: Cruelty: Mental Cruelty: Wife asserted husband had illicit relationship with many women: It was for wife to prove such allegations: It was not for husband to prove allegations […]
Court: Punjab And Haryana High Court Bench: JUSTICE Bakhshish Kaur Maya Vs. Sudesh Law Point: Sections 498-A, 406 — It is not clear as to when petitioners taunted complainant for not bringing sufficient dowry and gifts — They are living separately and not in same house with complainant — Difficult to make out case of […]
Court: Allahabad High Court Bench: JUSTICE S.N. Saxena Sanju Vs. Sobhanath On 11 August 1994 Law Point: Hindu Minority & Guardianship Act, 1956 — Sec. 6 — Minor Child-Custody — Husband and wife living separately- Minor children above 5 years age living with father — Welfare of child is main criteria — Father is financially […]
Court:Karnataka High Court Bench: JUSTICE M Patil Khembai Vs. Kajindar On 8 September 1980 Law Point: No substantial reasons to interfere with the order made by the Sessions Judge. The period of limitation of three months referred to in proviso to sub-section (2) of Section 126 has no application. JUDGEMENT 1. This revision is directed […]
Court: Punjab And Haryana High Court Bench: JUSTICE Dr. Sarojnei Saksen Satinder Kumar Vs. Asha Rani On 15 November 1994 Law Point: Secs. 406, 498-A — Criminal Breach of Trust, Cruelty — Complaint against husband & petitioner-brother-in-law by respondent — Offences u/Secs. 406, 498-A, I.P.C not prima facie disclosed against petitioner, husband’s brother — Maliciously […]