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: Karnataka High Court Bench: JUSTICE N.K.Sudhindrarao Jadeppa S/O Late Hanumanthappa Vs. The State Of Karnataka On 16 January 2018 Law Point: Abetment of suicide – Reason for committing suicide always has to be assessed from an independent angel and not from angle of victim or from a person who is cause for it. JUDGEMENT […]
Court: Delhi High Court Bench: JUSTICE Kailash Gambhir Shashi Bala Vs. Rajiv Arora On 21 March 2012 Law Point: Denial of sexual intercourse after marriage — Refusal to perform customary rituals — Sex is the foundation of marriage and marriage without sex is an anathema — Wilful denial of sexual intercourse without reasonable cause would […]
Court: Supreme Court Of India Bench: JUSTICE Jagdish Singh Khehar & N.V. Ramana Ram Saran Varshney And Others Vs. State Of U.P. and Another On 5 February 2016 Law Point: No clear allegations have been leveled by Wife against any of her sister in laws. Visits by sister in laws cannot be treated as occasions […]
Court: Supreme Court Of India Bench: JUSTICE T.S. Thakur & Vikramajit Sen Sherish Hardenia & Ors., Amrish Hardenia Vs. State Of M.P. & Anr. On 13 December 2013 Law Point: Offence of cruelty – Pleas founded on limitation have to be viewed with great circumspection. JUDGEMENT 1. Leave granted. These appeals assail […]
Court: Delhi High Court Bench: JUSTICE J.D. Kapoor Basant Kaur & Ors. Vs. State (NCT Of Delhi) On 25 November 2002 Law Point: Section 498A — Cruelty : Manifest Abuse and Misuse of Provisions of Section 498A, IPC : Woman Lived with Her Husband for about 24 Years and had Grown Up Children and Tolerated […]
Court: Supreme Court of India Bench: JUSTICES Umesh C. Banerjee & Y.K. Sabharwal Girdhar Shankar Tawade Vs. State Of Maharashtra On 24 April 2002 Law Point: Maintainability of Charge under Section 498-A, by Reason of Order of Acquittal under Section 306, IPC i.e. Abetment of Suicide : Acquittal of Charge under Section 306, Though not […]
Court: Supreme Court Of India Bench: JUSTICE J.B. Garg Kantilal Martaji Pandor Vs. State Of Gujarat & Anr. Law Point: Section 498A Explanations (a), (b) — Cruelty — Scope and ambit of provision — Clause (b) is not attracted as there was no harassment by husband with a view to coercing her to meet any […]
Court: Delhi High Court Bench: JUSTICE S. Ravindra Bhat Narinder Kaur Vs. State (nct Of Delhi) & Anr. On 6 June 2007 Law Point: Sections 498A, 406 — Bail — Cruelty, Criminal Breach of Trust — Grant of bail subject to condition of payment of Rs. 50,000/- by petitioner mother-in-law — Setting aside of condition […]
Court: Allahabad High Court Bench: JUSTICE Vinod Prasad RUBI & ORS. Vs. STATE OF U.P. & ANR. On 16 March 2007 Law Point: Cruelty, Dowry Demand — Summoning of younger members of family, unjustified. At stage of summoning it is not law that even younger members of family be also summoned to stand trial along […]
Court: Supreme Court of India Bench: JUSTICE J.B. Garg Dr. Arijit Pasayat & Asok Kumar Ganguly Law Point: Complainant not a legally wedded wife of appellant, Section 498A, IPC has no application. JUDGEMENT Leave granted 2. Challenge in this appeal is to the order passed by a learned Single Judge of the […]