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: Bombay High Court Bench: JUSTICE G.D. Kamat & A.A. Halbe Shekhar Amonkar Vs. State Law Point: Apreciation of evidence, benefit of doubt given to accused Husband. JUDGEMENT 1. Being aggrieved by the conviction for offences punishable under Sections 478-A, 306, 323 and 506 (Part II) of the Indian Penal Code and […]
Court: Supreme Court Of India Bench: JUSTICE Dr. Arijit Pasayat, P. Sathasivam and Aftab Alam B. Venkat Swamy Vs. Vijaya Nehru & Anr. On 25.8.2008 Law Point: Appeal against acquittal — Circumstantial evidence — Prosecution has not established accusations — In cross-examination P.W. 1 categorically admitted that deceased never personally informed him about alleged harassment […]
Court: Orissa High Court Bench: JUSTICE A. Pasayat & D.M. Patnaik Babaji Charan Barik Vs. State On 8.10.1993 Law Point: Appreciation of evidence, no evidence for demand of dowry by Husband. Acquitted. JUDGEMENT Was the unfulfilled dowry claim of the appellant Babaji Charan Barik (hereinafter referred to as the ‘accused’) cause of death of his […]
Court: Allahabad High Court Bench: JUSTICE Sunil Hali Umesh @ Banti & Ors. Vs. State Of U.p. & Anr. On 31.8.2012 Law Point: Allegations made in FIR are so absurd and inherently improbable on basis of which it is not possible to proceed against accused person. Criminal proceedings quashed. JUDGEMENT 1. Process under Sections 498A, […]
Court: Jharkhand High Court Bench: JUSTICE R.K. Merathia & R.R. Prasad Rupam Rimpi Verma Vs. Dr. Pranay Verma & Ors. On 28 April 2011 Law Point: Considering materials brought on record and respective cases of parties, Trial Court rightly acquitted Husband on cogent reasons, No grounds made out for interference with impugned judgment. JUDGEMENT 1. […]
Court: Karnataka High Court Bench: JUSTICE N.S. Veerabhadraiah Basappa @ Basanagowda Vs. State Of Karnataka On 28 October 2005 Law Point: Accused Husband and complainant Wife amicably settled matter and filed application under Section 320(6), Cr. P.C. Both submitted to have no differences and having two small kids, not appropriate for this Court to send […]
Court: Andhra Pradesh High Court Bench: JUSTICE D.S.R. Verma & G.V. Seethapathy B. Srinivasulu @ Srinivasachari Vs. Veena Kumari @ Lathasree On 2.7.2007 Law Point: Husband and Wife lived together for a period of 11 months and after desertion by wife disassociation of husband continuing since 1994 for about 13 years. This is absolutely sufficient […]
Court: Kerala High Court Bench: JUSTICE S. Sankarasubban & A. Lekshmikuty Prabhakaran Nair Vs. Preethy P. Nair On 10 January 2001 Law Point: Any Child, Legitimate or Illegitimate, One of Whose Parents is Hindu by Religion and Who is Brought up as a Hindu is Hindu and Entitled to Claim Maintenance under Act. The Child […]
Court: Bombay High Court Bench: JUSTICE N.V. Dabholkar, A.B. Naik & N.H. Patil Bhausaheb Vs. Leelabai Decided on 7 July 2003 Law Point: Status of woman as ‘wife’ not recognised by provisions of Act, which confers right for permanent alimony, she cannot be entertained for grant of relief in absence of recognition of her status […]