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 Ranga Reddy Alamuri Lalitha Devi & Ors. Vs. State Of Andhra Pradesh On 22 August 1994 Law Point: Section 498-A — Cruelty — No evidence that death is homicidal or suicide — Evidence suggest, might be natural death — A reasonable nexus has to be established between cruelty […]
Court: Supreme Court of India Bench: JUSTICE Dr. Arijit Pasayat & D.K. Jain M. Srinivasulu Vs. State Of A.P. On 10 September 2007 Law Point: Dowry Death — Presumption — Essentials to be proved to raise presumption — Meaning of expression “soon before” is present with idea of proximity test — No definite period indicated […]
Court: Bombay High Court Bench: JUSTICE T.V. Nalawade Sopan Vs. State Of Maharashtra On 5 November 2012 Law Point: Section 498A — Cruelty — Benefit of doubt — Complaint an afterthought action of complainant, as filed after 2 years of living separate from husband due to some family dispute — Evidence given by complainant and […]
Court: Delhi High Court Bench: JUSTICE Manju Goel Malkiat Singh & Ors. Vs. State & Anr. On 26 May 2005 Law Point: Section 406 – Jurisdiction will lie with Police Station having jurisdiction over matrimonial home or some other place where respondent No. 2 lived along with her husband. JUDGEMENT 1. The […]
Court: Delhi High Court Bench: JUSTICE R.S. Sodhi Sudesh Kumari Vs. State & Ors. On 28 July 2005 Law Point: Sections 328, 498A, 406, 34 — Causing hurt by means of poison with intent to commit offence, Cruelty, Criminal Breach of Trust, Common Intention : Defence taken by accused more probable and all accused acquitted […]
Court: Supreme Court Of India Bench: JUSTICE R.P. Sethi and B.P. Singh State of Haryana Vs. Inder Singh and Ors. On 29 January 2002 Law Point: Indian Penal Code, 1860 – Sections 304B and 498A–Dowry death–Conviction and sentence by trial court–But acquittal by High Court–Validity–Conviction based on sole testimony of P.W. 4, father of deceased–P.W. […]
Court: Supreme Court Of India Bench: JUSTICE M.M. Punchhi and K.T. Thomas Sham Lal Vs. State of Haryana On 20 February 1997 Law Point: Criminal – dowry death – Section 304-B of Indian Penal Code, 1860 – wife of appellant died of burning injury – no proof to show that wife subjected to cruelty soon […]
Court: Gujarat High Court Bench: JUSTICE R.M. Doshit Karodiben & Ors. Vs. Rajubhai Mahendra Singh & Ors. & ORS. On 24 January 1997 Law Point: Section 125 — Maintenance — Claim against or by brothers or sisters — Not maintainable. JUDGEMENT 1. The petitioners herein are the mother and the two minor sons who have […]
Court: Punjab and Haryana High Court Bench: JUSTICE G.R. Majithia Kashmir Kaur Vs. Prem Singh On 24 November 1989 Law Point: Section 13 — Marriage dissolved by decree of divorce on ground of desertion and cruelty — Appeal by wife — Husband a widower having a son from first wife — Appeared that wife is […]
Court: Supreme Court Of India Bench: JUSTICES Sudhansu Jyoti Mukhopadhaya & Prafulla C. Pant Vidhya Viswanathan Vs. Kartik Balakrishnan On 22 September 2014 Law Point: Section 13(1)(ia) — Mental Cruelty — Sexual deprivation by wife — Non-consummation of marriage on part of appellant- wife — Respondent-husband, in his evidence has narrated in detail incidents of […]