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: Chhattisgarh High Court Bench: JUSTICE Sharad Kumar Gupta Hemant Kumar Patel Vs. Uma Patel @ Toshika Patel On 20 April 2018 Law Point: Section 13(1)(ia) — Cruelty — Cruelty is an act committed with intention to cause sufferings to opposite party and it has become intolerable for other to suffer any longer and to […]
Court: Delhi High Court Bench: JUSTICE D.K. Kapur Daya Wati Vs. Raj Singh Law Point: Cold indifference like not visiting the hospitalized husband amounts to cruelty. JUDGEMENT 1. The respondent-husband Lt. Raj Singh Mathur has applied for divorce under Section 13 of the Hindu Marriage Act, 1955, on the ground of cruelty as well as […]
Court: High Court Of Orissa Bench: JUSTICE A.S. Naidu Benumadhab Padhi Mohapatra Vs. State On 28 August 2003 Law Point: Prosecution has completely failed to adduce any iota of evidence that the deceased was at any time subjected to harassment by the appellants on demand of dowry – Ingredients of Sec. 498-A not satisfied – […]
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 Dr. Sarojnei Saksena Rani Vs. Amar Nath On 11 September 1996 Law Point: Section 13(1)(ia) –– Cruelty — Acts of wife proving her incorrigible conduct –– Amounts to cruelty towards her husband –– Wife can’t be allowed to take advantage of her own wrong. JUDGEMENT 1. Wife […]
Court: Supreme Court Of India Bench: JUSTICE A.K. Patnaik & Sudhansu Jyoti Mukhopadhaya Vipin Jaiswal (a-i) Vs. State Of A.p. Rep. By Public Prosecutor On 13 March 2013 Law Point: Sections 304B, 498A — Dowry Prohibition Act, 1961 — Section 2 — Dowry Death — Cruelty — Demand of dowry — To hold accused guilty […]
Court: Supreme Court of India Bench: JUSTICE Dr. Arijit Pasayat & S.H. Kapadia BISWAJIT HALDER @ BABU HALDER & ORS. Vs. STATE OF WEST BENGAL On 19 March 2007 Law Point: Section 304B – No evidence to show any cruelty or harassment for or in connection with demand of dowry — This deficiency in evidence […]
Court: Andhra Pradesh High Court Bench: JUSTICE Ranga Reddy Alamuri Lalitha Devi & Ors. Vs. State Of Andhra Pradesh On 22 August 1994 Law Point: Section 498-A — Cruelty — No evidence that death is homicidal or suicide — Evidence suggest, might be natural death — A reasonable nexus has to be established between cruelty […]
Court: Supreme Court of India Bench: JUSTICE Dr. Arijit Pasayat & D.K. Jain M. Srinivasulu Vs. State Of A.P. On 10 September 2007 Law Point: Dowry Death — Presumption — Essentials to be proved to raise presumption — Meaning of expression “soon before” is present with idea of proximity test — No definite period indicated […]
Court: Bombay High Court Bench: JUSTICE T.V. Nalawade Sopan Vs. State Of Maharashtra On 5 November 2012 Law Point: Section 498A — Cruelty — Benefit of doubt — Complaint an afterthought action of complainant, as filed after 2 years of living separate from husband due to some family dispute — Evidence given by complainant and […]