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 Pratibha Rani Mohd. Aslam and Ors. vs. State (NCT of Delhi) On 11 September 2017 Law Point: Recently tendency had developed for roping in all relations of in-laws as accused persons and this appears to be case here too – Prosecution had failed to prove either any dowry demand […]
Court: Kerala High Court Bench: JUSTICE P. Ubaid Unnikrishnan @ Chandu Vs. State Of Kerala On 17 August 2017 Law Point: Section 498A — Cruelty — Live in relationship – Accused acquitted as parties had not undergone some sort of ceremonies with the object of getting married and they just started living as man and […]
Court: Punjab and Haryana High Court Bench: JUSTICE M.M. Kumar Vidya Devi Vs. State Of Haryana & Anr. On 9 October 2002 Law Point: Section 482 — Indian Penal Code, 1860 — Sections 406, 498-A — Quashing of FIR : Criminal breach of trust, Cruelty : Wife facing criminal prosecution of killing her own husband […]
Court: Delhi High Court Bench: JUSTICES Vipin Sanghi and P.S. Teji State Govt. of NCT of Delhi vs. Ram Gopal On 01 November 2017 Law Point: Cruelty – Dory Death – It is necessary to establish offence u/s 498-A IPC to prove charges u/s 304-B IPC. JUDGEMENT 1. The State has filed the application under […]
Court: Madhya Pradesh High Court Bench: JUSTICE D.M. Dharmadhikari Pushpa Datt Mishra vs. Smt. Archana Mishra alias Premvati Choubey On 08 May 1991 Law Point: Reckless allegation of wife in her pleadings and in her testimony before Court alleging adultery against husband furnishes a ground to grant a decree of divorce in favour of husband […]
Court: Bombay High Court Bench: JUSTICE A.P. Bhangale State Of Maharashtra Vs. Vasant Kumar On 17 February 2012 Law Point: Sections 306, 498A – Abetment of Suicide — Cruelty — Dying declaration — Not reliable — Dying declaration in question does not spell out offence punishable under Section 306 and Section 498A, IPC. […]
Court: Delhi High Court Bench: JUSTICE Shiv Narayan Dhingra Raj Rani Vs. State On 23 February 2011 Law Point: Sections 304B, 498A — Bail — Dowry Death, Cruelty — Grant of bail to appellant mother-in-law — If role of two accused persons is same in a crime and Court considers one fit for granting bail, […]
Court: Supreme Court of India Bench: JUSTICES J. Chelameswar, S. Abdul Nazeer Jaskaran Singh vs State Of Punjab And Anr on 25 April 2017 Law Point: Anticipatory Bail-Bigamy-Husband performed second marriage during subsistence of first marriage. There are no criminal antecedents against husband except present case- High Court not justified in dismissing application of Husband […]
Court: Supreme Court Of India Bench: JUSTICES Rohinton Fali Nariman & Mohan M. Shantanagoudar Heera Lal & Anr. Vs. State Of Rajasthan On 24 April 2017 Law Point: There is no link or intention on part of in-laws to assist victim to commit suicide — In absence of this vital link, mere fact that there […]
Court: Himachal Pradesh High Court Bench: JUSTICE Dharam Chand Chaudhary and Chander Bhusan Barowalia Varinder Singh vs. State of Himachal Pradesh and Ors. On 23 March 2017 Law Point: Abetment of suicide – Prosecution has is required to plead and prove that one person instigated another person to commit suicide and as a result of […]