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 Dalava Subrahmanyam PENCHALA SADAIAH & ORS. Vs. STATE OF A.P. On 18 July 2003 Law Point: Prosecution failed to prove cruelty or harassment for not fulfilling demand for additional dowry and failed to prove offence under Section 498A, IPC. Husband not found guilty of offences under Sections 304-B […]
Court: Bombay High Court Bench: JUSTICE Vishnu Sahai Rajendra Ramkrishna Lande Vs. State Of Maharashtra On 30 July 1997 Law Point: Allegations of general nature. Not a case of prosecution that Husband used to physically ill-treat deceased Wife.Fit case to grant benefit of doubt to appellant. JUDGEMENT 1. Through this appeal, the […]
Court: Allahabad High Court Bench: JUSTICE Bhanwar Singh State Of U.P. Vs. Sushil Kumar Jain & Ors. On 23 May 2002 Law Point: Not Dowry but Suspected Bad Character of Wife was Main Cause of Strained Relationship Between Two and such Strained Relationship Turned into Bitterness, Eventually Leading to their Divorce. Trial Court Rightly Recorded […]
Court: Supreme Court Of India Bench: JUSTICE G.B. Pattanaik & Doraiswamy Raju Tarun @ Gautam Mukherjee Vs. State Of West Bengal On 4.5.2000 Law Point: Appreciation of Evidence : Charge Not Established — High Court on scrutiny of evidence held that offence under Section 306, I.P.C. not established by prosecution but offence under Section 498-A, […]
Court: Bombay High Court Bench: JUSTICE G.D. Kamat & A.A. Halbe Shekhar Amonkar Vs. State Law Point: Apreciation of evidence, benefit of doubt given to accused Husband. JUDGEMENT 1. Being aggrieved by the conviction for offences punishable under Sections 478-A, 306, 323 and 506 (Part II) of the Indian Penal Code and […]
Court: Orissa High Court Bench: JUSTICE A. Pasayat & D.M. Patnaik Babaji Charan Barik Vs. State On 8.10.1993 Law Point: Appreciation of evidence, no evidence for demand of dowry by Husband. Acquitted. JUDGEMENT Was the unfulfilled dowry claim of the appellant Babaji Charan Barik (hereinafter referred to as the ‘accused’) cause of death of his […]
Court: Supreme Court Of India Bench: JUSTICES Dr. Arijit Pasayat and D.K. Jain Shivanand Mallappa Koti Vs. The State of Karnataka On 05 June 2007 Law Point: Conviction for offence under Section 498 cannot be sustained in absence of unlawful demand for property and valuable articles. JUDGEMENT 1. In the present appeal, challenge is to […]