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: Delhi High Court Bench: JUSTICE R.S. Sodhi Sudesh Kumari Vs. State & Ors. On 28 July 2005 Law Point: Sections 328, 498A, 406, 34 — Causing hurt by means of poison with intent to commit offence, Cruelty, Criminal Breach of Trust, Common Intention : Defence taken by accused more probable and all accused acquitted […]
Court: Supreme Court Of India Bench: JUSTICE R.P. Sethi and B.P. Singh State of Haryana Vs. Inder Singh and Ors. On 29 January 2002 Law Point: Indian Penal Code, 1860 – Sections 304B and 498A–Dowry death–Conviction and sentence by trial court–But acquittal by High Court–Validity–Conviction based on sole testimony of P.W. 4, father of deceased–P.W. […]
Court: Supreme Court Of India Bench: JUSTICE M.M. Punchhi and K.T. Thomas Sham Lal Vs. State of Haryana On 20 February 1997 Law Point: Criminal – dowry death – Section 304-B of Indian Penal Code, 1860 – wife of appellant died of burning injury – no proof to show that wife subjected to cruelty soon […]
Court: Andhra Pradesh High Court Bench: JUSTICE D.S.R. Varma Shaik China Buda Vs. State Of A.P. Law Point: Section 498-A — Cruelty : No Corroboration in Evidence of P.Ws. 1 to 4 on Material Aspects : All Co-accused Acquitted of Offence under Sections 304-B and 498-A, I.P.C. : No Specific Evidence Against A1 for Offence […]
Court: Delhi High Court Bench: JUSTICE Mrs. Sunanda Bhandare Sanyogta Verma Vs. Vinod Verma On 31 May 1991 Law Point: Husband’s petition for divorce on ground of wife’s desertion––Period of desertion established––Onus to prove that desertion was not intended or that there was reasonable cause to desert––It is on the deserting spouse––No plausible and convincing […]
Court: Punjab and Haryana High Court Bench: JUSTICE Jitendra Chauhan Prem Singh Vs. State Of Haryana Law Point: Section 304B — Dowry Death — Benefit of doubt — Ingredients of dowry death not fulfilled — No allegation of harassment or torture of deceased on account of dowry demand — No complaint prior to death about […]
Court: Punjab and Haryana High Court Bench: JUSTICES S.S. SARON and NAVITA SINGH Uma Soni vs Suresh Soni on 3 April 2014 Law Point: Divorce on ground of cruelty – Appeal – Appealant wife misbehaved not only with husband and in-laws but also with guests and visitors – Appealant also filed criminal cases against respondent […]
Court: High Court Of Delhi Bench: JUSTICE S. Muralidhar Darshana Devi Vs. Anil Kumar Saini On 13 June 2007 Law Point: Section 13(1)(ia) — Cruelty — Prima facie case made out — Trial Court rightly held respondent wife along with her father caused mental cruelty upon petitioner husband in deserting his matrimonial home, after birth […]
Court: Supreme Court Of India Bench: JUSTICE Ranjana Prakash Desai & J. Chelameswar Chhotan Sao & Anr. Vs. State Of Bihar On 17 December 2013 Law Point: Section 304B — Dowry Death — Unnatural death of deceased by consuming poison — Acquittal of accused — Conclusion recorded by Courts below is not based on any […]
Court: Punjab And Haryana High Court Bench: JUSTICE G.S. Chahal Richhpal Kaur Vs. The State of Haryana On 23 January 1991 Law Point: With respect to charge under section 498-A, Indian Penal Code, the allegations made in the complaint do not make out an offence. JUDGEMENT 1. Smt. Richhpal Kaur and others have come up […]