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: ALLAHABAD HIGH COURT Bench: JUSTICE Sushil Harkauli & Amar Saran RAJEEV VERMA & ORS. Vs. STATE OF U.P. & ORS. On 5 March 2004 Law Point: Section 498-A — Criminal Procedure Code, 1973 — Section 320 — Cruelty : Compounding of offence : Section 345, Criminal Procedure Code (old 1898) corresponding to Section 320, […]
Court: Allahabad High Court Bench: JUSTICE P Srivastava Lalit Bhatia Vs. State Of Uttar Pradesh And Anr. On 27 May 2005 Law Point: Complaint has been filed only with a view to cause harassment to the husband and his family members. Continuation of the proceedings on the basis of complaint impugned in this application is […]
SUPREME COURT OF INDIA Altamas Kabir, Cyriac Joseph Anil Kumar Jain vs Maya Jain on 1 September, 2009 Law Point: Mutual Divorce filed, wife not willing to give divorce, husband fulfilled his part of the agreement, SC grants Mutual Divorce. JUDGEMENT Leave The short point for decision in this appeal is whether a decree can […]
Court: Delhi District Court Bench: Sh. Gurdeep Saini Narender Kumar vs State (Govt. Of Nct Of Delhi) on 18 August, 2011 Law Point: Poverty and failed marriage is not a crime, commentary on gross misuse of IPC 498A provision JUDGEMENT 1. Vide this order I shall decide this appeal directed against judgment dated […]
Court: Andhra Pradesh High Court Bench: JUSTICE Raja Elango Rajesh Gutta Vs State Of A.p. & Ors. On 1 March 2011 Law Point: Criminal Procedure Code, 1973 — Sections 482, 188, 161, 162 — Indian Penal Code, 1860 — Section 498-A — Quashing of Proceedings — Dowry demand — Harassment — Complaint — Investigation — […]
Court: Supreme Court of India Bench: JUSTICE Ranjan Gogoi Rupali Devi Vs. State Of Uttar Pradesh & Ors. On 9 April 2019 Law Point: 498A case can be filed at a place where a woman driven out of matrimonial home takes shelter. JUDGEMENT 1. “Whether a woman forced to leave her matrimonial […]
Court: Delhi High Court Bench: JUSTICE Prathiba M. Singh Ram Parkash @ Bittoo Vs State On 21 December 2018 Law Point: Indian Penal Code, 1860 — Sections 304B, 498A, 34 — Evidence Act, 1872 — Sections 32, 113B — Dowry death — Cruelty — Common intention — Dying declarations — Presumption — Unnatural death of […]
Court: Supreme Court Of India Bench: JUSTICES P.P. Naolekar & V.S. Sirpurkar Bhura Ram & Ors. Vs State Of Rajasthan & Anr On 13 May 1994 Law Point: CRIMINAL LAW — Territorial Jurisdiction of Court — Criminal Breach of Trust, Cruelty — As per complaint all alleged acts took place in State of Punjab — […]
Court: Delhi High Court Bench: JUSTICE S.K. Agarwal Sunil Kumar Vs State & Anr On 14 September 2001 Law Point: Criminal Procedure Code, 1973 — Sections 82, 482 — Indian Penal Code, 1860 — Sections 498A, 406 — Quashing of Order Issuing Proclamation: Cruelty, Criminal Breach of Trust : Court did not Record Satisfaction that […]
Court: Jharkhand High Court Bench: JUSTICES Aparesh Kumar Singh, J. & Ratnaker Bhengra Jitendra Kumar Sharma Vs Anita Devi On 12 July 2018 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), (ib) — Mental Cruelty — Desertion — Irretrievable breakdown of marriage — Daughter born out of wedlock — Conduct of respondent-wife in going […]