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 Veena Birbal Shakuntala Vs. Shivji On 9 September 2013 Law Point: No material placed on record by petitioner/wife that salary of respondent/husband is much more or that father of respondent is not dependent upon him — Even salary certificate on record shows lesser income — Findings given in impugned […]
Court: Supreme Court Of India Bench: JUSTICES T.S. Thakur, Adarsh Kumar Goel & R. Banumathi Jagdish & Ors. Vs. State Of Uttaranchal On 25 November 2014 Law Point: Mere demand of dowry at one or two instances may not attract provisions of Section 304B IPC. No material to show there was persistent demand of dowry […]
Court: Punjab and Haryana High Court Bench: JUSTICES S.S. Sandhawalia, CJ. & S.C. Mittal Krishna Rani Vs. Chuni Lal Gulati On 21 August 1981 Law Point: Question of condonation of the cruelty of wife by husband — Husband specifying Acts of cruelty — Wife neither specifying which of the various acts of cruelty was condoned […]
Court: Supreme Court Of India Bench: JUSTICES G.B. Pattanaik and Shivaraj V. Patil State of Haryana Vs. Jasvinder Singh and Ors. On 28 March 2000 Law Point: Conviction cannot be based on infirm evidence. Husband Acquitted. JUDGEMENT 1. This appeal is by the State of Haryana against an order of acquittal recorded […]
Court: Supreme Court Of India Bench: JUSTICES G.B. Pattanaik and S.N. Variava State of Maharashtra Vs. Ashok Narayan Dandalwar On 27 April 2000 Law Point: Section 498A – There is not the slightest assertion in any of the letters complaining against the husband either he was making any demand at any point of time or […]
Court: Supreme Court Of India Bench: JUSTICES Dr. Arijit Pasayat, C.K. Thakker and L.S. Panta Manjula Sinha Vs. State of U.P. and Ors. On 11 July 2007 Law Point: Offences under Sections 498A and 406, I.P.C. –No allegations against appellant in respect of offence under Section 498A–No allegation of torture for demand of dowry against […]
Court: Delhi High Court Bench: JUSTICES A.B. Rohtagi and Gian Chand Jain Kamini Gupta Vs. Mukesh Kumar Gupta On 22 November 1984 Law Point: Charges of immorality levelled by wife against husband were reckless and entirely baseless. Further, wife’s own evidence before Court led credence to husband’s case that wife insulted and humiliated him by […]
Court: Delhi High Court Bench: JUSTICE Pratibha Rani Kamla Devi Vs. Rajmal Singh On 13 May 1994 Law Point: Apart from maintaining himself husband is taking care of aged father and younger brother — Petitioner wife has no responsibility on her shoulders — It is not the case of petitioner that respondent is having luxuries […]
Court: Allahabad High Court Bench: JUSTICE Bharat Bhushan Rekha Rani Vs. State Of U.P. & Anr On 14 August 2013 Law Point: Section 125 — Maintenance — Enhancement of amount — Claim not maintainable — Revisionist-wife failed to give any evidence to support her claim. It would not be proper for this Court to speculate […]
Court: Delhi High Court Bench: JUSTICE Indermeet Kaur Man Mohan and Ors. Vs. State (GNCT of Delhi) On 14.12.2015 Law Point: Relationship between prosecutrix and Appellant was a consent relationship – Victim was an adult – There was no pressure or coercion upon victim – She had several opportunities to disclose facts – She did […]