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: Madras High Court Bench: JUSTICE M. Govindaraj G. Kesavan Vs. P. Visalakshi On 2 February 2018 Law Point: Section 13(1)(ia) — Mental Cruelty — Denial of conjugal relationship and insistence for setting up separate home will amount to cruelty to husband — No strong reason adduced by respondent/wife to establish harassment or torture by […]
Court: Supreme Court Of India Bench: JUSTICE Jagdish Singh Khehar & S.A. Bobde State Of Karnataka Vs. Dattaraj & Ors. On 15 February 2016 Law Point: Sections 498A, 304B, 34-Allegation is inconsequential with respect to provisions under which accused were charged — High Court was fully justified in acquitting brother, father and mother of respondent-husband […]
Court: Andhra Pradesh High Court Bench: JUSTICE V. Ramasubramanian & N. Balayogi Soma Ramchandram Vs. Soma Anitha & Anr. On 22 June 2017 Law Point: Cruelty — Illicit intimacy — Allegedly first respondent was living in adultery with second respondent — They have a child also — As per DNA Test, appellant-husband has been held […]
Court:GUJARAT HIGH COURT Bench: JUSTICE M.R. Shah Payal Mihirbhai Patel Vs. State of Gujarat & 1 On 01 February 2012 Law Point: Section 498A/114 – The petitioner is the sister in law of the complainant. except for vague allegations that the petitioner used to call her parents and instigate them there is no material on […]
Court: Bombay High Court Bench: JUSTICE Rohit B. Deo Rajesh Vs. State Of Maharashtra On 15 March 2018 Law Point: Sections 498A, 304-B — Evidence Act, 1872 — Section 113-B — Dowry Prohibition Act, 1961 — Section 2 — Cruelty — Dowry Death — Evidence of witnesses examined to prove cruelty is inconsistent — Marred […]
Court:SUPREME COURT OF INDIA Bench: JUSTICE Pinaki Chandra Ghose & N.V. Ramana ASHOK Vs. STATE OF MAHARASHTRA On 11 March 2015 Law Point: Section 498A – Proof of offence – Proximity Test – Stale incident cannot be pressed into service by prosecution to prove cruelty. JUDGEMENT 1. This criminal appeal arises from […]
Court: High Court Of Bombay Bench: JUSTICE V.M. Kanade Rajashri Subhash Kamble Vs. Subhash Babanrao Kamble and Ors. On 09 March 2007 Law Point: “The Court cannot convert an order of acquittal into an order of conviction except in exceptional cases particularly when the State has not preferred an appeal against the order of acquittal.” […]
Court: Supreme Court Of India Bench: JUSTICE Abhay Manohar Sapre & Uday Umesh Lalit Manju Kumari Singh @ Smt. Manju Singh Vs. Avinash Kumar Singh On 25 July 2018 Law Point: Dissolution of Marriage — Power of Supreme Court — Enforcement of order — Parties have been living separately for more than decade — All […]
Court: Supreme Court Of India Bench: JUSTICE Sudhansu Jyoti Mukhopadhaya & V. Gopala Gowda Asha & Anr. Vs. State Of Uttarakhand On 1 November 2013 Law Point: No convincing and cogent evidence produced — Courts below failed to consider relevant fact, viz., appellants were not in house at the time of incident — Judgment and […]
Court: Supreme Court Of India Bench: JUSTICE T.S. Thakur & Adarsh Kumar Goel Monju Roy & Ors. Vs. State Of West Bengal On 17 April 2015 Law Point: Sections 304B, 306, 498A — Dowry Death — Abetment of Suicide — Cruelty — Benefit of Doubt — Omnibus allegations against family members of husband. Conviction and […]