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 T.S. Thakur, Adarsh Kumar Goel & R. Banumathi Jagdish & Ors. Vs. State Of Uttaranchal On 25 November 2014 Law Point: Mere demand of dowry at one or two instances may not attract provisions of Section 304B IPC. No material to show there was persistent demand of dowry […]
Court: Supreme Court Of India Bench: JUSTICES G.B. Pattanaik and Shivaraj V. Patil State of Haryana Vs. Jasvinder Singh and Ors. On 28 March 2000 Law Point: Conviction cannot be based on infirm evidence. Husband Acquitted. JUDGEMENT 1. This appeal is by the State of Haryana against an order of acquittal recorded […]
Court: Delhi High Court Bench: JUSTICES A.B. Rohtagi and Gian Chand Jain Kamini Gupta Vs. Mukesh Kumar Gupta On 22 November 1984 Law Point: Charges of immorality levelled by wife against husband were reckless and entirely baseless. Further, wife’s own evidence before Court led credence to husband’s case that wife insulted and humiliated him by […]
Court: High Court of Delhi Bench: JUSTICES Sanjiv Khanna and R.K. Gauba Dhani Ram and Ors. Vs. State Law Point: Dowry death – Acquittal – Benefit of doubt – Appeal filed against conviction and order on sentence for offences of cruelty and dowry death of wife of first Appellant – Whether Appellants entitled for acquittal […]
Court: Delhi High Court Bench: JUSTICE Mukta Gupta Reeta and Ors. vs. State On 19 May2014 Law Point: The petitioners were not on Delhi at relevant time. The petitioner and her husband came to residing in the matrimonial home of deceased for some days and thereafter harassment started to deceased. Even as per the allegations […]
Court: Delhi High Court Bench: JUSTICE Siddharth Mridul Naveen Rana Vs. State On 23 September 2015 Law Point: Anticipatory Bail – Pre-arrest bail under Secs. 498A/406/34 IPC – Applicant has joined investigation and cooperating with the police – Proceedings under sec. 498A/406 IPC are not meant to for recovery of jewellery and dowry articles. Applicant […]
Court: Madhya Pradesh High Court Bench: JUSTICE Gurpal Singh Ahluwalia Sadhuram Udhvani and Ors. vs. State of M.P. and Ors. On 03 May 2017 Law Point: Quashing of Proceedings – Abetment of suicide – Nothing on record to show that anything was done by accused from which an inference can be drawn that they had […]
Court:Delhi High Court Bench: JUSTICE Siddharth Mridul Chetan Kapoor @ Vikas Vs. State on 11 September 2015 Law Point: Proceedings under Secs. 498A/406 IPC are not meant for recovery of stridhan. Applicant cannot be denied bail. JUDGEMENT 1. The present is an application under Section 438 of the Code of Criminal Procedure, […]