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: JUSTICES N. Santosh Hegde & B.P. Singh Gurucharan Kumar & Anr. Vs. State Of Rajasthan On 8 January 2003 Law Point: Dowry Death : Abetment of Suicide : Evidence on Record does not Suggest Deceased was Subjected to Cruelty or Harassment by her Husband or by her Father-in-law and […]
Court: Supreme Court Of India Bench: JUSTICES T.S. Thakur, Adarsh Kumar Goel & R. Banumathi Jagdish & Ors. Vs. State Of Uttaranchal On 25 November 2014 Law Point: Mere demand of dowry at one or two instances may not attract provisions of Section 304B IPC. No material to show there was persistent demand of dowry […]
Court: Supreme Court Of India Bench: JUSTICES G.B. Pattanaik and Shivaraj V. Patil State of Haryana Vs. Jasvinder Singh and Ors. On 28 March 2000 Law Point: Conviction cannot be based on infirm evidence. Husband Acquitted. JUDGEMENT 1. This appeal is by the State of Haryana against an order of acquittal recorded […]
Court: High Court Of Allahabad Bench: JUSTICE Harsh Kumar Priyanka Kulshrestha Vs. State of U.P. and Ors. On 09 February 2017 Law Point: Section 498 – No evidence on record to prove that complainant suffered from any mental and physical cruelty in the hands of accused – Accused rightly acquitted. JUDGEMENT 1. […]
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: 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 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: Andhra Pradesh High Court Bench: JUSTICE Dalava Subrahmanyam PENCHALA SADAIAH & ORS. Vs. STATE OF A.P. On 18 July 2003 Law Point: Prosecution failed to prove cruelty or harassment for not fulfilling demand for additional dowry and failed to prove offence under Section 498A, IPC. Husband not found guilty of offences under Sections 304-B […]