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 Calcutta Bench: JUSTICE G.R. Bhattacharjee Shibsankar Samanta Vs. Sobhana Samanta On 18 March 1992 Law Point: Maintenance – Reversal of order – Section 125, Criminal Procedure Code, 1973 (Cr.P.C.) – Sessions Judge reversed findings of Magistrate and held that there was marriage between parties and they resided together as husband and […]
Court: Punjab And Haryana High Court Bench: JUSTICE G.S. Chahal Richhpal Kaur Vs. The State of Haryana On 23 January 1991 Law Point: With respect to charge under section 498-A, Indian Penal Code, the allegations made in the complaint do not make out an offence. JUDGEMENT 1. Smt. Richhpal Kaur and others have come up […]
Court: Punjab and Haryana High Court Bench: JUSTICE Ashutosh Mohunta Ravinder Kumar Vs. Smt. Sunita & Anr. On 21 May 2002 Law Point: Sections 125(4), 482 — Maintenance: Adultery: Wife Living in Adultery not Entitled to Receive any Allowance from her Husband: Order Passed by Judicial Magistrate, 1st Class Quashed. JUDGEMENT 1. This is a […]
Court: Calcutta High Court Bench: JUSTICE Gitesh Ranjan Bhattacharjee Asit Kumar Barman Vs. Radha Barman @ Bauri On 22 January 1993 Law Point: Section 125 — Sessions Judge granted maintenance after revising the order of Judicial Magistrate — Discrepancy between evidence and original case about time and place — Difference between social and educational level […]
Court: High Court Of Allahabad Bench: JUSTICE Palok Basu Ramesh Chand vs. State of U.P. and Anr. On 25 November 1991 Law Point: Section 498-A Complaint could succeed only if it can be proved that there was an “unlawful demand” by the husband of some money. Assuming that the husband had asked the wife to […]
Court: Bombay High Court Bench: JUSTICE V.P. Tipnis Lekhraj Chunilal Jaisingh Vs. Komal @ Anita & Ors. On 4 March 1994 Law Point: Secs. 482, 125 — Quashing Proceedings — Maintenance proceedings — Husband directed lo deposited 75,000/ — Full and final settlement — Whether proceedings liable to be quashed ? — (Yes). JUDGEMENT By […]
Court: Jharkhand High Court Bench: JUSTICE D.G.R. Patnaik Sukro Devi Vs. State Of Jharkhand & Anr. On 19 June 2007 Law Point: Section 125(4) — Maintenance — Adultery — Both Courts below recorded findings of fact and assigned adequate grounds for such findings — Facts of case suggest it was not isolated or solitary instance […]
Court: Supreme Court of India Bench: JUSTICES S.B. Sinha & Cyriac Joseph Tarsem Singh Vs. State Of Punjab On 12 December 2008 Law Point: Nothing on record to show any demand of dowry made soon before her death — High Court failed to notice no evidence brought on record to show cruelty or harassment was […]
Court: High Court of Rajasthan Bench: JUSTICE Shiv Kumar Sharma and Vineet Kothari Vimla Bai Vs. Panchu Lal On 05 February 2007 Law Point: Involvement of Appellant wife in a murder case amounts to cruelty and Family Court had rightly granted decree of divorce. JUDGEMENT 1. The relationship between the spouses is a matter concerning […]
Court: Punjab And Haryana High Court Bench: JUSTICE S.S. Grewal Gurvinder Singh Vs. Murti And Others On 15 January 1990 Law Point: Nonpayment of Interim Maintenance — Defence struck off — Order challenged — Contention that trial Court has not followed the proper procedure for recovery of maintenance as specifically provided under Sub-section (3) of […]