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
The Ratio of This Judgement Has Been OverRuled By SupremeCourt Rupali Devi Vs. State Of Uttar Pradesh & Ors. Court: Supreme Court of India Bench: JUSTICES P. Venkatarama Reddi & A.K. Mathur Ramesh & Ors. Vs. State Of Tamil Nadu On 3 March 2005 Law Point: Quashing of Charge-sheet : Territorial Jurisdiction : Cruelty, Criminal […]
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 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 […]
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 […]