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: Allahabad High Court Bench: U.S. Tripathi Yogesh Chhibbar Vs. State Of U.P. Decided on 06 December 1999 Law Point: Complaint Filed by Un-authorised Person : Cognizance Wrongly Taken — Dowry Prohibition Officer Not Empowered to File Complaint — Power to file complaint cannot be inferred from analogy of powers of Dowry Prohibition Officer enumerated […]
Court: Rajasthan High Court Bench: JUSTICE S.C. Mital Moka Ram Vs. State Of Rajasthan & Anr. Decided on 2 June 2000 Law Point: Cognizance of offence taken on vague statements recorded By Investigation Officer of the rank of Dy. Superintendent of Police : No Specific Allegation Against Petitioner. JUDGEMENT 1. This petition under Section 482, […]
Court: Punjab and haryana High Court Bench: JUSTICE J.B. Garg Satish Kumar Gogia & Others Vs. State Of Haryana & Another ANOTHER Decided on 2 December 1993 Law Point: Brothers of husband arraigned as accused without substance — FIR quashed a qua them. JUDGEMENT 1. Satish Kumar Gogia is the husband, Prem Dass Gogia the […]
Court: Madhya Pradesh High Court Bench: JUSTICE S.S. Saraf Deepak Shukla Vs. Mahendra Chanpuriya Decided on 31 August 2001 Law Point: Cruelty for Demand of Dowry Alleged to be made on 1.6.1993; Complaint Filed Beyond Three Years of Date 1.6.1993, Barred by Limitation : Allegations Regarding Demand of Dowry Figment of Imagination : Complaint Filed […]
Court: Supreme Court Of India Bench: JUSTICE Tarun Chatterjee & R.M. Lodha Pashaura Singh Vs. State Of Punjab & Anr. 13 November 2011 Law Point: Bigamy — Ingredients of Section 494, discussed — In present case ingredients of Section 494 not satisfied — Appellant’s marriage with K was not subsisting on date of second marriage […]
Court: Allahabad High Court Bench: JUSTICE Ravindra Singh Amit Garg & Ors. Vs. State Of U.p. & Ors. Decided on 3 May 2011 Law Point: Hurt, Cruelty, Criminal Intimidation, Dowry Demand — Quashing of charge-sheet — CJM took cognizance but not perused the charge-sheet and perused order in a casual manner — He has not […]
Court: Punjab and Haryana High Court Bench: JUSTICE Mehinder Singh Sullar Rajneesh & Ors. Vs. State Of Haryana & Ors. Decided on 24 September 2012 Law Point: Complainant has no objection if impugned FIR and all other consequent proceedings arising thereto against petitioners are quashed — Since the compromise is in their welfare and interest, […]
Court: Rajasthan High Court Bench: JUSTICE B.J. Shethna Subhash Sikhwal Vs. State Of Rajasthan Decided on 13 April 2004 Law Point: D.N.A. Test Application: Sensitive Case : In such Type of Matrimonial Cases, Judge cannot Afford to Sit Tight Over Matter for Long Time : Family Court Directed to Decide Application Expeditiously. JUDGEMENT 1. Notice […]
Court: Supreme Court Of India Bench: JUSTICE V.S. Sirpurkar & Cyriac Joseph Vijeta Gajra Vs. State Of Nct Of Delhi on 8 July 2010 Law Point: Appellant was not ‘relative’ in any manner as referred to in Section 498A, IPC – No caseis made out for her prosecution under Section 498A JUDGEMENT 1. Leave granted. […]
Court: Gujarat High Court Bench: JUSTICE Rajesh H. Shukla Tarlochan R. Jhaveri Vs. State Of Gujarat & Ors. Decided on 6 August 2012 Law Point: When the statute provides for specific remedy and procedure, then extraordinary jurisdiction or writ jurisdiction or inherent powers are not required to be exercised — Parties should be relegated to […]