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:Madhya Pradesh High Court Bench: JUSTICE N.K. Gupta Savita Soni Vs. Sanjay Soni & Ors. On 10 October 2013 Law Point: Indian Penal Code, 1860 — Section 498A — Criminal Procedure Code, 1973 — Section 378(4) — Cruelty — Appeal against acquittal — No illegality or perversity — Complainant left the matrimonial house after 2 […]
Court: Delhi High Court Bench: JUSTICE Jagdish Chandra Avtar Singh Vs. Balbir Kaur On 27 Nov 1986 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 13(1)(ib) — Cruelty and desertion — Appellant filed petition for divorce pleading cruelty and desertion since June, 1981 for a continuous period of three years — Trial court dismissed […]
Court: Madhya Pradesh High Court Bench: JUSTICE K.K. Adhikari Radheshyam Sharma Vs. Kusum Sharma On 06 September 1988 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia) and (ib) and 28 Husband’s petition for divorce on ground of wife’s cruelty and desertion dismissed by Trial Court — Appeal against — Wife lived for 5 days […]
Court: Chhattisgarh High Court Bench: JUSTICE Sunil Kumar Sinha & R.N. Chandrakar Subhash @ Prakash Vs. Priyanka Subhash Dewangan On 02 July 2013 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 13(1)(ib) — Family Courts Act, 1984 — Sections 10, 17 — Cruelty — Desertion — Improper Inquiry — Family Court has only taken […]
Court:Gujarat High Court Bench: JUSTICE Bhaskar Bhattacharya, ACJ. & J.B. Pardiwala, Chetankumar Amratlal Naik Vs. Geetaben Kantilal Naik On 08 February 2012 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia), (ib) — Cruelty, Desertion — Grant of divorce — Parties got married in 1997 and stayed together for approximately 6 months — Thereafter they […]
Court:Calcutta High Court Bench: JUSTICES Tapan Sen & Mrinal Kanti Sinha Kripa Nath Ganguly & Dibanath Ganguly Vs. State of West Bengal On 24 July 2013 Law Point: Indian Penal Code, 1860 — Sections 498A, 306, 34 — Cruelty — Abetment of Suicide — Common Intention — Prosecution case not proved by sufficient reliable evidence […]
Court:Delhi High Court Bench: JUSTICE Indermeet Kaur Sunil Chand Gupta & Ors. Vs. State On 5 February 2014 Law Point: Indian Penal Code, 1860 — Sections 498A, 376, 109 — Cruelty — Rape — Abetment — Benefit of doubt — Version of PW 1 victim is full of embellishments and exaggerations — PWs 3 and […]
Court:Uttarakhand High Court Bench: Nirmal Yadav & Prafulla C. Pant Godambari Devi Vs. Devi Prasad & Ors. On 16 September 2010 Law Point: Hindu Marriage Act, 1955 — Section 28 — Appeal against grant of decree of divorce — Appellant treated husband with cruelty and deserted him in May 1996 without any sufficient cause — […]
Court:Supreme Court Of India Bench: JUSTICE Dr. Arijit Pasayat & Asok Kumar Ganguly Bhaskar Ramappa Madar & Ors. Vs. State of Karnataka On 31 March 2009 Law Point: Indian Penal Code, 1860 — Sections 304B, 306, 498A r/w Section 34 — Criminal Procedure Code, 1973 — Sections 378(1), 378(3) — Dowry Death, Abetment of Suicide, […]
Court: Punjab And Haryana High Court Bench: JUSTICE Dr. Sarojnei Saksena Ranbir Singh Vs. Balbir Kaur On 01 March 1995 Law Point: Hindu Marriage Act, 1955 — Secs. 13(1)(ia), 13-A — Cruelty, Alternative relief in Divorce Proceedings — Living apart & depriving husband of co-habitation is an act of cruelty — No reasonable ground given […]