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: JUSTICE B.P. Singh & Altamas Kabir B.T. Jayaram Vs. State Of Karnataka On 6 March 2006 Law Point: Prayer made to reduce sentence to period already undergone under Section 498A. Sentence of appellant reduced to period already undergone — Impugned judgment of High Court modified. JUDGEMENT […]
Court: Delhi High Court Bench: JUSTICE Shiv Narayan Dhingra Shakuntala Vs. State Of Delhi On 26 February 2007 Law Point: Complainant Wife thought of using Sections 406 and 498A, IPC against family members to teach lesson to every body — Court cannot be swayed by feelings of hatred of complainant. Fair and just investigation is […]
Court: Gauhati High Court Bench: JUSTICE U.B. Saha Mrinal Kanti Roy Barman & Anr. Vs. State Of Tripura On 7 September 2009 Law Point: Section 498a – Insufficient evidence to prove cruelty and demand of dowry — Conviction unsustainable. Mere allegation not enough to prove guilt in criminal case. JUDGEMENT 1. The […]
Court: Karnataka High Court Bench: JUSTICE H.N. Narayan Smt. Sumangala Vs. Laxminarayan Anant Hegde & Anr. On 14 January 2003 Law Point: Father of minor taking away his child from custody of mother even without informing her and who is legally entitled for custody of child : That act does not amount to cruelty to […]
Court: Supreme Court of India Bench: JUSTICE J.B. Garg Preeti Gupta & Anr. Vs. State Of Jharkhand & Anr. On 13 August 2010 Law Point: Quashing of Complaint — Criminal Breach of Trust, Wrongful Restraint, Hurt, Criminal Conspiracy, Cruelty, Dowry Demand — No specific allegations against appellants, i.e. sister-in-law, her husband, married brother-in-law of complainant, […]
Court: Delhi High Court Bench: JUSTICE S. Ravindra Bhat Surender Tokas Vs. State (NCT Of Delhi) On 13 March 2007 Law Point: No acceptable material or legal evidence in support of prosecution story about cruelty or cruel acts of such nature meted out by petitioner, resulting in death of deceased — Charge framed under Section […]
Court: Delhi High Court Bench: JUSTICE Pradeep Nandrajog Hari Gopal Wadhwa & Anr. Vs. State On 20 August 2007 Law Point: Entire extended family of in-laws of deceased implicated — It is unfortunate police continues to encourage naming of all and sundry while recording statements — Job of SDM was to record statement voluntarily made […]
Court: Karnataka High Court Bench: JUSTICE M.F. Saldanha & N.K. Patil State Vs. Srikanth & Ors. On 26 June 2002 Law Point: Charges Against Accused not Established : Acquittal Justified : In Many Cases where Matrimonial Offences Alleged, Police Indiscriminately Roping in whole of Family Including Brothers, Sisters, In-Laws : Unless there is Specific Material […]
Court: Supreme Court Of India Bench: JUSTICE T.S. Thakur & Gyan Sudha Misra Geeta Mehrotra & Anr. Vs. State Of U.p. & Anr. On 17 October 2012 Law Point: Quashing of Cognizance Order — General allegation of physical and mental torture in FIR — Mere casual reference of names of appellants in FIR without allegation […]
Court: Punjab and Haryana High Court Bench: JUSTICE K.S. Kumaran Ramesh Khullar & Anr. Vs. Alka @ Dimple On 21 March 1997 Law Point: Section 406 — Criminal Procedure Code, 1973 — Section 482 — Misappropriation of Dowry Articles : Complaint Absurd : Quashed — Complaint against husband, his sister and brother-in-law after three years […]