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 Dipak Misra & Sudhansu Jyoti Mukhopadhaya Ghusabhai Raisangbhai Chorasiya & Ors. Vs. State Of Gujarat On 18 February 2015 Law Point: There is no allegation of any kind of physical torture — Evidence brought on record with regard to cruelty is absolutely sketchy and not convincing — On […]
Court: Rajasthan High Court Bench: JUSTICE Amitava Roy, CJ. & Vijay Bishnoi Suresh Gurjar Vs. Usha Gurjar On 16 May 2014 Law Point: Section 13(1)(ia) — Cruelty — Dissolution of Marriage — Respondent wife was adament in her disinclination to discharge her marital obligations including cohabitation — Coupled with this is institution of criminal case […]
Court: Supreme Court Of India Bench: JUSTICE A.K. Patnaik & Sudhansu Jyoti Mukhopadhaya Bharat Bhushan & Anr. Vs. State Of M.P. On 12 March 2013 Law Point: Unless it is established that appellants committed some act of cruelty or harassment towards a woman, they cannot be held guilty of offences under Sections 304B and 498A, […]
Court:UTTARAKHAND HIGH COURT Bench: JUSTICE Servesh Kumar Gupta RADHA KANT ADHIKARI & ORS. Vs. STATE OF UTTARANCHAL & ANR. On 2 August 2011 Law Point: Sections 323, 498-A, 504, 506 — Dowry Prohibition Act, 1961 — Sections 3, 4 — Quashing of proceedings. Allegations made by complainant in her complaint do not prima facie inspire […]
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:Supreme Court of India Bench: JUSTICE K.R. SOORACHARI Vs. STATE OF KARNATAKA K. R. Soorachari Vs. State Of Karnataka On 13 April 2005 Law Point: Cruelty, Demand of Dowry : No material to connect appellant with offence of cruelty : High Court not noticed any such evidence to justify conviction under Section 498A, IPC : […]
Court: Madhya Pradesh High Court Bench: JUSTICE K.L. Shrivastava Usha Vs. Vimal Kumar On 5 January 1987 Law Point: Section 13(1)(ia) — Husband’s petition for divorce on wife’s cruelty — Wife asked to accompany husband and engaged herself in a scuffle with him and also slapped him — Altercation seen by witness — Her behaviour […]
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:Delhi High Court Bench: JUSTICE S N Dhingra Kanchan Gulati And Anr. Vs. The State And Ors. On 12 September 2007 Law Point: Section 498A/406/34 – No offence has been committed by any of the petitioners. There are no allegations of cruelty against the petitioners. Criminal law can not be allowed to be used to […]
Court: Supreme Court of India Bench: JUSTICE K.G. Balakrishnan & Dr. AR. Lakshmanan State Of Rajasthan Vs. Teg Bahadur And Ors. On 29 September 2004 Law Point: Witnesses gave different versions regarding demand of dowry : Lack of evidence to prove demand of dowry : Evidence led by prosecution bristle with discrepancies and contradictions : […]