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 K.C. Bhanu Bomma Ilaiah Vs. State Of A.P. On 9 January 2003 Law Point: Section 498-A, Explanation Clauses (a) and (b) — Cruelty : Meaning of cruelty under Clauses (a) and (b) of Explanation to Section 498-A, I.P.C. : Evidence on record does not disclose there was cruelty […]
Court: Supreme Court Of India Bench: JUSTICE Dr. B.S. Chauhan & Dipak Misra Rohtash Vs. State Of Haryana On 22 May 2012 Law Point: Sections 304B, 498A — Criminal Procedure Code, 1973 — Sections 161, 313 — Dowry Death, Cruelty — Benefit of doubt — Deceased alleged to have died by consuming poisonous tablets — […]
Court: Supreme Court of India Bench: JUSTICES Dr. Arijit Pasayat and A.K. Ganguly D. Jayana Vs. State of Karnataka On 06 May 2009 Law Point: For the purpose of Section 304B, the evidence provided by the prosecution is not sufficient. Only evidence relatable was that of a neighbour who was examined about two months from […]
Court: High Court Of Jharkhand Bench: JUSTICE Rongon Mukhopadhyay Ramdhani Sah vs. State of Jharkhand and Ors. On 22 June 2016 Law Point: Maximum period for which a person against whom realisation of arrears of maintenance amount is due, has been taken into custody can be for a period of one month and not beyond […]
Court: Supreme Court of India Bench: JUSTICES Dalveer Bhandari & Dr. B.S. Chauhan Arulvelu & Another Vs. State Represented By The Public Prosecutor & Another On 7 October 2009 Law Point: Sections 304B, 498A — Dowry Death, Cruelty — Testimony of PWs not reliable — High Court not justified in setting aside order of acquittal […]
Court: High Court Of Bombay Bench: JUSTICE V.S. Sirpurkar Deokabai vs. Namdeo and Ors. On 22 July 1994 Law Point: Acquittal – Sections 34, 107, 494, 498A and 498B of Indian Penal Code – Case regarding cruel treatment vague and general in nature – evidence of witnesses contradictory – held, revision application liable to be […]
Court: Supreme Court Of India Bench: JUSTICE S.B. Sinha & P.P. Naolekar T. Aruntperunjothi Vs. State Through S.h.o., Pondicherry On 5 March 2006 Law Point: Family members of deceased did not make any complaint themselves rather investigation commenced by FIR lodged by appellant — No reason to disbelieve defence version that cause of death was […]
Court: Allahabad High Court Bench: JUSTICES M. Katju & R.S. Tripathi Vimla Devi Vs. Ram Babu On 6 April 2004 Law Point: Cruelty: What amounts to : False, scandalous, malicious, baseless and unproved allegations made by one spouse amounts to cruelty : Cruelty may consist of single act or series of acts. JUDGEMENT Heard learned […]
Court: High Court Of Bombay Bench: High Court Of Bombay Sharadchandra Chandrashekhar Satbhai Vs. Indubai Sharad Satbhai On 25 August 1977 Law Point: The fact that a decree for judicial separation has been passed in favour of the husband on the ground of desertion means that the wife is guilty of refusing to live with […]
Court: High Court Of Rajasthan Bench: JUSTICE R.S. Chauhan Shashi Alias Mala vs. State and Anr. On 27 March 2006 Law Point: In case a wife is divorced on the ground of mutual consent, then she is disentitled from claiming any maintenance or interim maintenance and expenses of proceedings from the husband. Hence petition dismissed. […]