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: 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 […]
The Ratio of This Judgement Has Been OverRuled By SupremeCourt Rupali Devi Vs. State Of Uttar Pradesh & Ors. Court: Jharkhand High Court Bench: JUSTICE R.R. Prasad Manoj Kisku Vs. State Of Jharkhand & Ors. On 18 March 2009 Law Point: Article 226 — Extraordinary jurisdiction — Exercise of — Quashing of FIR — Justified […]
Court: Delhi High Court Bench: JUSTICE Dr. S. Muralidhar Keshav Kumar Vs. State On 5 September 2014 Law Point: Marriage between deceased and appellant not established and they had not been cohabiting as husband and wife or living as husband and wife — Question of convicting appellant for offence under Section 498A, IPC does not […]
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: Supreme Court Of India Bench: JUSTICE Dr. Mukundakam Sharma & Dr. B.S. Chauhan Shakson Belthissor Vs. State Of Kerala & Anr. On 6 July 2009 Law Point: To constitute cruelty under Section 498A there has to be harassment of the woman with a view to coercing her or any person related to her to […]
Court: Supreme Court of India Bench: JUSTICE S.B. Sinha & Markandeya Katju Sanjay Vs. State Of Maharashtra On 8 March 2007 Law Point: Three different dying declarations. Prosecution not proved appellant’s guilt under Section 306, IPC of abetting suicide beyond reasonable doubt. Judgments of High Court and Trial Court U/S 306 and 498A quashed. JUDGEMENT […]
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, […]