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 Dr. S. Muralidhar Purshotam Gupta & Ors. Vs. State & Anr On 23 January 2008 Law Point: Petition under Section 13(1)(ia) and 13(1)(ib) of Hindu Marriage Act is converted into petition under Section 13B of Hindu Marriage Act for grant of decree of divorce by mutual consent. Sections 406, […]
Court: Delhi High Court Bench: JUSTICE Kailash Gambhir Chander Bhan & Anr. Vs. State On 4 August 2008 Law Point: Sections 406, 498A — Cruelty, Criminal breach of trust — Scope and object of enactment of Section 498A, IPC — Invocation of provisions of Sections 406 and 498A, IPC by parties to do incalculable harm […]
Court: Supreme Court Of India Bench: JUSTICE P. Sathasivam & Dr. B.S. Chauhan Bansi Lal Vs. State Of Haryana On 14 January 2011 Law Point: Indian Penal Code, 1860 — Section 498A — Cruelty — Proof of offence — Discussed. JUDGEMENT 1. This criminal appeal has been preferred against the judgment and […]
Court: Delhi High Court Bench: JUSTICE Dr. S. Muralidhar Keshav Kumar Vs. State On 5 September 2014 Law Point: Marriage between deceased and appellant not established and they had not been cohabiting as husband and wife or living as husband and wife — Question of convicting appellant for offence under Section 498A, IPC does not […]
Court: Jharkhand High Court Bench: JUSTICE Hari Shankar Prasad Hamidan Khatoon & Ors. Vs. State Of Jharkhand & Anr. On 28 April 2004 Law Point: FIR lodged with ulterior motive by way of causing harassment : Its continuance will be abuse of process of Court : Criminal proceedings quashed. JUDGEMENT 1. This application under Section […]
Court: Jharkhand High Court Bench: JUSTICE Vikramaditya Prasad V.P. Dhanesh Vs. State Of Jharkhand On 23 September 2003 Law Point: Cognizance and proceedings under Section 498-A, IPC, legal and cannot be interfered with : Proceeding in respect of offences under Sections 3 and 4, Dowry Prohibition Act quashed. JUDGEMENT 1. This application […]
Court: Jharkhand High Court Bench: JUSTICE Amareshwar Sahay Saraswati Devi Vs. State of Jharkhand On 03 March 2003 Law Point: Power under Section 311 of the Code can only be exercised, if the Court while hearing the case deems fit and proper to examine some witnesses for the ends of the Justice, to appreciate the […]
Court: Punjab and Haryana High Court Bench: JUSTICE V.M. Jain Hussan Lal Vs. State Of Punjab & Anr. On 11 January 2002 Law Point: Section 406, 498-A — Criminal Procedure Code, 1973 — Section 469 — Criminal Breach of Trust, Cruelty : Limitation for Offence is 3 Years : Limitation shall Commence on Date of […]
Court: Punjab and Haryana High Court Bench: JUSTICE N.K. Agrawal Shanti Devi Vs. State Of Haryana On 5 February 1999 Law Point: Allegations appear to be totally vague. Not clear from complaint as to when alleged articles or money demanded or misappropriated or given to bride or bridegroom during marriage. Nothing to show prima facie […]
Court: Supreme Court Of India Bench: JUSTICE Dr. Mukundakam Sharma & Dr. B.S. Chauhan Shakson Belthissor Vs. State Of Kerala & Anr. On 6 July 2009 Law Point: To constitute cruelty under Section 498A there has to be harassment of the woman with a view to coercing her or any person related to her to […]