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 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: Bombay High Court Bench: JUSTICES K.K. Tated & Sarang V. Kotwal Shantaram Tukaram Sarfare Vs. Sandhya Shantaram Sarfare On 12 January 2018 Law Point: Cruelty — Sufficient cause — Grant of divorce — Unreasonable criminal proceedings initiated by respondent-wife — Appellant-husband suffered tremendous mental agony — Not possible for him to cohabit with respondent-wife […]
Court: Delhi High Court Bench: JUSTICE V.K. Shali Chander Kanta Lamba & Ors. Vs. State & Ors. On 21 December 2009 Law Point: Sections 498A, 34 — Cruelty, Common Intention — Charge against petitioners not prima facie made out nor any grave suspicion raised — It is highly improbable to assume that married sisters of […]
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: Calcutta High Court Bench: JUSTICE Dilip Kumar Seth & Subhro Kamal Mukherjee Smt. Kakali Das Vs. Dr. Asish Kumar Das On 11 February 2004 Law Point: Cruelty: Mental Cruelty: Wife asserted husband had illicit relationship with many women: It was for wife to prove such allegations: It was not for husband to prove allegations […]
Court: Punjab And Haryana High Court Bench: JUSTICE Bakhshish Kaur Maya Vs. Sudesh Law Point: Sections 498-A, 406 — It is not clear as to when petitioners taunted complainant for not bringing sufficient dowry and gifts — They are living separately and not in same house with complainant — Difficult to make out case of […]
Court: Punjab And Haryana High Court Bench: JUSTICE Dr. Sarojnei Saksen Satinder Kumar Vs. Asha Rani On 15 November 1994 Law Point: Secs. 406, 498-A — Criminal Breach of Trust, Cruelty — Complaint against husband & petitioner-brother-in-law by respondent — Offences u/Secs. 406, 498-A, I.P.C not prima facie disclosed against petitioner, husband’s brother — Maliciously […]
Court: Supreme Court Of India Bench: JUSTICES S. Ratnavel Pandian And K. Jayachandra Reddy Akula Ravinder and others Vs. The State of Andhra Pradesh On 11 January 1991. Law Point: Sections 498A, 302, 201 and 304B – In a case of this nature where the prosecution has failed to establish that it was an unnatural […]
Court: Madhya Pradesh High Court Bench: JUSTICE S.K. Gangele & Anurag Shrivastava Neelima Vs. Dhiraj Singh On 13 December 2017 Law Point: Mental Cruelty — Wife lodged complaint under Section 498A, IPC against husband and his family members — They were arrested and subsequently acquitted — Conduct of wife amounts to mental cruelty against husband. […]
Court: Delhi High Court Bench: JUSTICE R.S. Sodhi Bhawani Devi & Anr. Vs. State On 25 July 2005 Law Point: Section 498A read with Section 34, Section 304B read with Section 34 — Cruelty, Dowry Death, Common Intention : No iota of evidence to show either mother-in-law or sister-in-law treated deceased with cruelty or had […]