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: Punjab And Haryana High Court Bench: JUSTICE R.C. Kathuria Harsh Vardhan Arora Vs. Smt. Kavita Arora On 19 February 2002 Law Point: Sections 498-A, 406 — Quashing of Proceedings : Cruelty, Criminal Breach of Trust : Omnibus Allegations made against All Accused in Respect of Demand of Dowry, Harassment, Torture and Beating Given to […]
Court: PUNJAB AND HARYANA HIGH COURT Bench: JUSTICE MEHINDER SINGH SULLAR Sanjiv Kumar Vs. State Of Haryana And Another On 21 May 2012 Law Point: Section 498A/406 – Brother-in-law(Jeth), residing separately. The complainant appears to have falsely involved the petitioner in the present case. Therefore, the impugned FIR and all other subsequent proceedings arising therefrom, […]
Court: Supreme Court Of India Bench: JUSTICE Jagdish Singh Khehar & S.A. Bobde Pritam Ashok Sadaphule & Ors. Vs. State Of Maharashtra & Anr. On19 March 2015 Law Point: Section 498A — Protection of Women from Domestic Violence Act, 2005 — Quashing of FIR — Cruelty — Allegations levelled against in-laws by wife aimed at […]
Court: Andhra Pradesh High Court Bench: JUSTICE U. Durga Prasad Rao Myla Sunitha Priyadarshini Vs. Sho Nandyal Iii Town P.s. And State Of A.P. & Anr. On 13 April 2015 Law Point: Section 498A — Dowry Prohibition Act, 1961 — Sections 3, 4 — Quashing of Proceedings — Cruelty — Dowry Demand — No specific […]
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: 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: High Court Of Orissa Bench: JUSTICE A.S. Naidu Manmatha Kumar Jena and Ors. vs. Smt. Sanjukta Jena On 18 June 2003 Law Point: Quashing of order – Cognizance of offences under Secs. 498-A/506/34, IPC and Sec. 4 of Dowry Prohibition Act – No FIR lodged at any police station – Complainant-opp. party conceived at […]
Court: Supreme Court Of India Bench: JUSTICES Altamas Kabir Cyriac Joseph and S.S. Nijjar Bhushan Kumar Meen vs. State of Punjab and Ors. On 02 September 2011 Law Point: No FIR and proceedings taken there under can be sustained when no prima facie case and offence alleged in said FIR has been made out against […]
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: Madhya Pradesh High Court Bench: JUSTICE Atul Sreedharan Jay Prakash and Ors. vs. State of M.P. and Ors. On 21 April 2017 Law Point: Allegation under section 498a against sister in law are peripheral and appear to have been leveled only to put pressure on husband. Quashed. JUDGEMENT 1. The petitioners herein are the […]