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: Delhi High Court Bench: JUSTICE D.K. Kapur Daya Wati Vs. Raj Singh Law Point: Cold indifference like not visiting the hospitalized husband amounts to cruelty. JUDGEMENT 1. The respondent-husband Lt. Raj Singh Mathur has applied for divorce under Section 13 of the Hindu Marriage Act, 1955, on the ground of cruelty as well as […]
Court: Bombay High Court Bench: JUSTICE D.B. Deshpande Riyasatbi Shaikh Jani And Another Vs. Shaikh Jani Shaikh Kasam And Another On 8 December 1981 Law Point: Wife not entitled to maintenance as she has not led any evidence to show that husband refused or neglected to maintain her. JUDGEMENT 1. Both these criminal revision applications […]
Court: High Court Of Orissa Bench: JUSTICE A.S. Naidu Benumadhab Padhi Mohapatra Vs. State On 28 August 2003 Law Point: Prosecution has completely failed to adduce any iota of evidence that the deceased was at any time subjected to harassment by the appellants on demand of dowry – Ingredients of Sec. 498-A not satisfied – […]
The Ratio of This Judgement Has Been OverRuled By SupremeCourt Rupali Devi Vs. State Of Uttar Pradesh & Ors. Court: Supreme Court of India Bench: JUSTICES P. Venkatarama Reddi & A.K. Mathur Ramesh & Ors. Vs. State Of Tamil Nadu On 3 March 2005 Law Point: Quashing of Charge-sheet : Territorial Jurisdiction : Cruelty, Criminal […]
Court: Punjab And Haryana High Court Bench: JUSTICE Dr. Sarojnei Saksena Rani Vs. Amar Nath On 11 September 1996 Law Point: Section 13(1)(ia) –– Cruelty — Acts of wife proving her incorrigible conduct –– Amounts to cruelty towards her husband –– Wife can’t be allowed to take advantage of her own wrong. JUDGEMENT 1. Wife […]
Court: Supreme Court Of India Bench: JUSTICE A.K. Patnaik & Sudhansu Jyoti Mukhopadhaya Vipin Jaiswal (a-i) Vs. State Of A.p. Rep. By Public Prosecutor On 13 March 2013 Law Point: Sections 304B, 498A — Dowry Prohibition Act, 1961 — Section 2 — Dowry Death — Cruelty — Demand of dowry — To hold accused guilty […]
Court: Punjab And Haryana High Court Bench: JUSTICE M.M. Punchhi Shashi Lata Sharma Vs. Chetan Sarup On 25 April 1984 Law Point: Section 13(1)(ia) and 20(2) — Husband’s petition for divorce on ground of wife’s cruelty granted by Trial Court — Appeal against by wife — Appellate Court finding wife leaving matrimonial home 12 days […]
Court: Supreme Court of India Bench: JUSTICE Dr. Arijit Pasayat & S.H. Kapadia BISWAJIT HALDER @ BABU HALDER & ORS. Vs. STATE OF WEST BENGAL On 19 March 2007 Law Point: Section 304B – No evidence to show any cruelty or harassment for or in connection with demand of dowry — This deficiency in evidence […]
Court: High Court Of Calcutta Bench: JUSTICES M.K. Mukherjee and A.K. Nandi Md. Jahangir Khan Vs. Manoara Bibi On 22 March 1991 Law Point: “Future salary not being a tangible corporeal property cannot be attached for arrears of maintenance.” JUDGEMENT 1. This is a reference by a learned single Judge of this Court. A simple […]
Court: Supreme Court of India Bench: JUSTICE Umesh C. Banerjee & Shivaraj V. Patil Sunil Bajaj Vs. State Of M.P. On 11 October 2001 Law Point: Dowry Death, Abetment of Suicide: Necessary Ingredient of Deceased being Subjected to Cruelty or Harassment by Appealant soon before her Death for or in Connection with Demand of Dowry […]