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: 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: Supreme Court Of India Bench: JUSTICES Sudhansu Jyoti Mukhopadhaya & Kurian Joseph Swapnil And Others Vs. State Of M.P. On 9 May 2014 Law Point: Allegations are vague and bereft of details as to place and time of incident — Second respondent-wife living separately since April, 2011 — No question of any beating by […]
Court: Supreme Court of India Bench: JUSTICE Dr. Arijit Pasayat & D.K. Jain Hazarilal Vs. State Of M.P. On 20 June 2007 Law Point: Conviction based merely on surmises and conjectures. There is no other material to show how deceased was being harassed or subjected to cruelty, conclusion of High Court that because deceased committed […]
Court: SUPREME COURT OF INDIA Bench: JUSTICES S. Abdul Nazeer & Krishna Murari S. Abdul Nazeer, J. & Krishna Murari On 8 February 2022 Law Point: Criminal Procedure Code, 1973 — Section 482 — Cruelty — Husband and her in-laws — Quashing of FIR — Court has at numerous instances expressed concern over misuse of […]
Court: Madhya Pradesh High Court Bench: JUSTICE G.S. Ahluwalia Sandeep Singh Bais @ Anshu & Ors. Vs. State Of M.P. & Anr. On 9 March 2017 Law Point: General, vague and omnibus allegations cannot be treated as sufficient material to send other relatives of husband who otherwise, do not have anything to do with family […]
Court: Supreme Court Of India Bench: JUSTICE T.S. Thakur & Gyan Sudha Misra Geeta Mehrotra & Anr. Vs. State Of U.p. & Anr. On 17 October 2012 Law Point: Quashing of Cognizance Order — General allegation of physical and mental torture in FIR — Mere casual reference of names of appellants in FIR without allegation […]
Court: Delhi High Court Bench: JUSTICE Manmohan Manas Acharya Vs. State & Anr. On 29 August 2012 Law Point: Section 498A — Criminal Procedure Code, 1973 — Section 482 — Cruelty — Quashing of FIR — Both parties resolved all their disputes and differences by way an agreement before Mediation Centre — Marriage between petitioner […]
Court: Punjab and Haryana High Court Bench: JUSTICE N.K. Agrawal Shanti Devi Vs. State Of Haryana On 5 February 1999 Law Point: Allegations appear to be totally vague. Not clear from complaint as to when alleged articles or money demanded or misappropriated or given to bride or bridegroom during marriage. Nothing to show prima facie […]
Court: Madhya Pradesh High Court Bench: JUSTICE Vimla Jain State Of Madhya Pradesh Vs. Dulichandra & Anr. On 01 February 2012 Law Point: Vague allegations of cruelty against Husband. Absence of direct and clinching evidence against Husband in respect of cruelty under Section 498A, IPC to victim. Failure of prosecution to establish guilt beyond reasonable […]
Court: Allahabad High Court Bench: JUSTICE Sunil Hali Umesh @ Banti & Ors. Vs. State Of U.p. & Anr. On 31.8.2012 Law Point: Allegations made in FIR are so absurd and inherently improbable on basis of which it is not possible to proceed against accused person. Criminal proceedings quashed. JUDGEMENT 1. Process under Sections 498A, […]