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: JUSTICE Pramod Kumar Srivastava Manish Gautam Vs. Shikha Gautam On 30 March 2016 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), (ib) — Cruelty — Desertion — Parties living separately — Relationship of parties deteriorated — No possibility of reconciliation — Sufficient ground for divorce — Parties living separately […]
Court: Madhya Pradesh High Court Bench: JUSTICE U.C. Maheshwari & G.D. Saxena State of M.P. Vs. Rakesh Kumar & Anr. On 02 May 2013 Law Point: Decree of restitution of conjugal rights in favour of the husband. Interim maintenance should not be endorsed. Indian Penal Code, 1860 — Sections 498A, 307 — Dowry Prohibition Act, […]
Court:Bombay High Court Bench: JUSTICE T.V. Nalawade State of Maharashtra Vs. Hanmant & Ors. On 21 January 2013 Law Point: Indian Penal Code, 1860 — Sections 498A, 304B, 306, 34 — Evidence Act, 1872 — Sections 113A, 113B — Cruelty — Dowry Death — Abetment of Suicide — Common Intention — Presumption — Appeal against […]
Court: Uttarakhand High Court Bench: JUSTICE U.C. Dhyani Balam Singh Vs. State Of Uttaranchal On 11 August 2015 Law Point: Indian Penal Code, 1860 — Sections 306, 498A — Abetment of Suicide — Cruelty — Prosecution not able to prove charges beyond shadow of reasonable doubt — Victim was married to appellant some 8-9 years […]
Court:Supreme Court Of India Bench: JUSTICE D.K. Jain & Jagdish Singh Khehar Rajiv Thapar & Ors. Vs. Madan Lal Kapoor On 23 January 2012 Law Point: Indian Penal Code, 1860 — Sections 304B, 498A — Criminal Procedure Code, 1973 — Sections 227, 228, 482 — Dowry Death — Cruelty — Discretion vested in High Court […]
Court: Rajasthan High Court Bench: JUSTICE Manoj Kumar Garg Hanif Khan Vs. State Of Rajasthan On 5 April 2018 Law Point: Indian Penal Code, 1860 — Sections 306, 498A — Abetment of Suicide — Cruelty — Appreciation of Evidence — No offence — Accused-appellant, husband of deceased all the time was away from house, sometimes […]
Court: Gauhati High Court Bench: JUSTICE Ajit Singh, CJ. & Manojit Bhuyan Hrishikesh Talukdar Vs. Purabi Baishya On 8 February 2018 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia) — Cruelty — Wife repeatedly maligned reputation of appellant-husband in public — She approached Mahila Samity and Media through press conference as well as newspaper […]
Court: Bombay High Court Bench: JUSTICE P.D. Kode Natraj & Ors. Vs. State Of Maharashtra On 28 June 2013 Law Point: Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Sections 498A, 34 — Quashing of Proceedings— Cruelty — Common Intention — Settlement between parties — Marriage petition withdrawn in terms […]
Court: Allahabad High Court Bench: JUSTICE S.C. Agarwal Rupa & Ors. Vs. State Of U.P & Anr. On 29 August 2013 Law Point: Indian Penal Code, 1860 — Section 498A — Cruelty — In FIR no allegations of harassment leveled against applicants — Offence under Section 498A, IPC can only be committed by husband of […]
Court:Gujarat High Court Bench: JUSTICE K.S. Jhaveri & K.M. Thaker State Of Gujrat Vs. Gajendrahai Amrutlal Parmar & Ors. On 04 July 2013 Law Point: Indian Penal Code, 1860 — Sections 498A, 304B, 306 — Evidence Act, 1872 — Section 114 — Criminal Procedure Code, 1973 — Section 378 — Cruelty — Dowry Death — […]