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: Andhra Pradesh High Court Bench: JUSTICE Dr. B. Siva Sankara Rao D.N. Manimanjari Vs. S. Virupaksheswara Rao On 21 December 2017 Law Point: Visitation Rights – Boy underwent treatment under Psychiatrist at Counselling Centre – Even if custody remained with mother, right of father to see children at intervals cannot be ignored – Order […]
Court: Bombay High Court Bench: JUSTICE Rohit B. Deo Rajesh Vs. State Of Maharashtra On 15 March 2018 Law Point: Sections 498A, 304-B — Evidence Act, 1872 — Section 113-B — Dowry Prohibition Act, 1961 — Section 2 — Cruelty — Dowry Death — Evidence of witnesses examined to prove cruelty is inconsistent — Marred […]
Court:SUPREME COURT OF INDIA Bench: JUSTICE Pinaki Chandra Ghose & N.V. Ramana ASHOK Vs. STATE OF MAHARASHTRA On 11 March 2015 Law Point: Section 498A – Proof of offence – Proximity Test – Stale incident cannot be pressed into service by prosecution to prove cruelty. JUDGEMENT 1. This criminal appeal arises from […]
Court: High Court Of Bombay Bench: JUSTICE V.M. Kanade Rajashri Subhash Kamble Vs. Subhash Babanrao Kamble and Ors. On 09 March 2007 Law Point: “The Court cannot convert an order of acquittal into an order of conviction except in exceptional cases particularly when the State has not preferred an appeal against the order of acquittal.” […]
Court: Punjab And Haryana High Court Bench: JUSTICE Jaishree Thakur Krishan Kumar and Ors. vs. Navneet and Ors. On 21 February 2018 Law Point: Right to reside – Section 2(s) of Protection of Women from Domestic Violence Act – House being exclusively belonging to father-in-law, it could not be called as a shared household within […]
Court: Supreme Court Of India Bench: JUSTICE Abhay Manohar Sapre & Uday Umesh Lalit Manju Kumari Singh @ Smt. Manju Singh Vs. Avinash Kumar Singh On 25 July 2018 Law Point: Dissolution of Marriage — Power of Supreme Court — Enforcement of order — Parties have been living separately for more than decade — All […]
Court: Supreme Court Of India Bench: JUSTICE Sudhansu Jyoti Mukhopadhaya & V. Gopala Gowda Asha & Anr. Vs. State Of Uttarakhand On 1 November 2013 Law Point: No convincing and cogent evidence produced — Courts below failed to consider relevant fact, viz., appellants were not in house at the time of incident — Judgment and […]
Court: Supreme Court Of India Bench: JUSTICE T.S. Thakur & Adarsh Kumar Goel Monju Roy & Ors. Vs. State Of West Bengal On 17 April 2015 Law Point: Sections 304B, 306, 498A — Dowry Death — Abetment of Suicide — Cruelty — Benefit of Doubt — Omnibus allegations against family members of husband. Conviction and […]
Court: MADHYA PRADESH HIGH COURT Bench: JUSTICE V.K. Agrawal Kuntibai Vs. Alakhram On 21 April 1998 Law Point: Section 125 — Maintenance: Refusal: Wife had Sufficient Means to Maintain Herself — Besides long delay in filing an application, Courts below found petitioner/wife had no justification for living separately from her husband — She had sufficient […]
Court: Chhattisgarh High Court Bench: JUSTICE Sharad Kumar Gupta Hemant Kumar Patel Vs. Uma Patel @ Toshika Patel On 20 April 2018 Law Point: Section 13(1)(ia) — Cruelty — Cruelty is an act committed with intention to cause sufferings to opposite party and it has become intolerable for other to suffer any longer and to […]