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: HIGH COURT OF MADHYA PRADESH Bench: Meenakshi Jatav V. Seema Sehar on 28 January, 2013 Law Point: JUDGEMENT This petition under Section 482 of Cr.P.C is preferred by the petitioners for setting-aside the order dated 17.07.2012 passed by J.M.F.C, Ambah, District Morena in Criminal Case No. 109/12 whereby, the learned Magistrate had issued notices […]
Court: Delhi High Court Bench: JUSTICE Sunil Gaur Vikas Shukla vs Central Bureau Of Investigation & on 20 November, 2014 Law Point: Electronic record only admissible in evidence when it was in accordance with procedure prescribed under section 65B of Indian Evidence Act, 1872 JUDGEMENT 1. In the above captioned two petitions, the challenge is […]
Court: High Court Of Delhi Bench: JUSTICE J.R. MIDHA Kusum Sharma vs Mahinder Kumar Sharma on 14 January, 2015 Law Point: Format of affidavit of assets, income and expenditure would help Court in determining true income, expenditure of parties, be filed by both parties at very threshold in all matrimonial cases JUDGEMENT 1. The requirements of […]
Court: Calcutta High Court Bench: Justice Shampa Dutt (Paul) Sarju Kumar Sarkar & Ors vs The State Of West Bengal & Anr on 19 January, 2023 Law Point: No evidence that complainant subjected to Cruelty of such nature as defined under seciton 498A, IPC Nor any material or evidence to show that there was entrustment and misappropriation […]
Court: Supreme Court of India Bench: Justice RAJESH BINDAL Aditi Alias Mithi vs Jitesh Sharma on 6 November, 2023 Law Point: No maintenance without compliance of guidelines JUDGEMENT 1. Leave granted. 2. As per the office report dated 30.10.2023, the respondent had refused to receive notice, hence, the service is deemed to be complete. 3. […]
Court: High Court of Karnataka Bench: Justice S Rachaiah Kantharaju vs State of Karnataka on July 17, 2023 Law Point: If marriage between husband and wife ended as null and void, offence under section 498A of IPC cannot be sustained JUDGEMENT 1. This Criminal Revision Petition is filed by the petitioner, being aggrieved by […]
Court: Madhya Pradesh High Court Bench: Justice Pranay Verma Dinesh Joshi vs The State Of Madhya Pradesh on 31 March, 2023 Law Point: Necessary Ingredients of abetment to commits suicide missing offence under section 306, IPC against peritioner not made out JUDGEMENT Heard on I.A No. 4510/2023 which is an application for condonation of […]
Court: Jammu & Kashmir High Court Bench: Justice Rajnesh Oswal State Of J&K vs Rajesh Kumar on 20 April, 2023 Law Point: In order to convict person for commission of offence under section 306, RPC Prosecution must prove that deceased committed suicide and accused abetted commission of same JUDGEMENT 1. This appeal has been preferred […]
Court: High Court of Delhi Bench: Justice Suresh Kumar Kait and Neena Bansal Krishna Devender Govind Ram Ravin vs Rekha on 11 August, 2023 Law Point: Insistence of family of wife for husband to abandon his parents & become ghar jamai & live in their house amounts to cruelty JUDGEMENT 1. The petitioner/appellant (petitioner in […]
Court: Madhya Pradesh High Court Bench: Justice Sanjay Dwivedi Umang Singhar vs State of Madhya Pradesh on 21 September, 2023 Law Point: Section 377 – offence of section 377 between husband and wife has no place JUDGEMENT 1. On finding the pleadings being complete and the learned counsel for the rival parties concurred to argue […]