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About Me

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.

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  • 362, II Floor, Kohat Enclave, Pitampura, Delhi 110034
  • +91-8010850498, +91-9990855750
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cruelty

False FIR under 498A 323 506 IPC is Mental Cruelty towards Husband

ALLAHABAD HIGH COURT  Smt. Archana vs Dr. P.K. Tomar on 4/2/2003 Bench: B.K. Rathi Law Point: The lodging of the false F.I.R. for offences under Sections 498A, 323, 506, I.P.C. maliciously amounts to the mental cruelty JUDGEMENT 1. This is an appeal under Section 96 of the C.P.C. against the judgment and order dated 7.2.2002 […]

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Sirajmohmedkhan Janmohamadkhan Vs. Hafizunnisa Yasinkhan

Court: SUPREME COURT OF INDIA Equivalent citations: 1981 AIR 1972, 1982 SCR (1) 695 Bench: Fazalali, S Murtaza SIRAJMOHMEDKHAN JANMOHAMADKHAN vs HAFIZUNNISA YASINKHAN & ANR. on 14/09/1981 N.N. Keshwan and R.N. Keshwani for the Appellant. Vimal Dave and Miss Kailash Mehta for RespondentNo. 1. S C. Patel and R.N. Poddar for Respondent No. 2 Law Point: […]

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Mrs. Flora Bose Vs. Suproti Bose

Court: HIGH COURT OF DELHI Bench: JUSTICE ARUNA SURESH Mrs. Flora Bose vs Suproti Bose on 20 August, 2010 Mr. Sunil Mittal, Adv. For the appellant. Nemo. For the respondent. Law Point: 2 or 3 incidences sufficient for Divorce on ground of cruelty JUDGEMENT 1. Under challenge in this appeal is the judgment and decree of the learned Additional District Judge dated 8th […]

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Filing False Criminal Complaint is Matrimonial Cruelty Fit for Divorce

SUPREME COURT OF INDIA CIVIL APPEAL No. 1213 OF 2006 K.SRINIVAS vs K. SUNITA Law Point: Filing a False Criminal Complaint by Either Spouse Would Constitute Matrimonial Cruelty and Entitle the Other Spouse to Claim a Divorce JUDGEMENT VIKRAMAJIT SEN,J. 1. In this Appeal, counsel for the Appellant has sought to draw our attention to […]

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Anticipatory Bail can be Allowed in 304B Case – Circumstances

HIMACHAL PRADESH HIGH COURT JUSTICE Sandeep Sharma Indu Bala Vs. State of Himachal Pradesh On 22 May 2018 Law Point: Sections 498A, 304B, 34 — Normal rule is of bail and not jail — Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of punishment, character of accused, […]

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Husband Tried to Save Deceased Wife – Acquitted of 302 and 498A

MADHYA PRADESH HIGH COURT JUSTICE S.K. Gangele, J. & Anjuli Palo State Of Madhya Pradesh Vs. Ramesh Kumar On 15 March 2018 Law Point: Testimony of PW10 creates doubt — He stated that when deceased was brought to hospital, appellant also came with her — As per MLC, his both hand were burnt — It […]

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Compromise for Quashing 498A Accepted as it is a Matrimonial Conflict

KARNATAKA HIGH COURT JUSTICE K.N. Phaneendra PARAMESHWAR J. & ORS. Vs. STATE OF KARNATAKA & ANR. On 2 JULY 2018 Law Point: Section 482 — Sections 498A, 506 — Cruelty — Matter is essentially arising out of domestic relationship between parties — Compromise petition filed by parties is accepted — Proceedings quashed. JUDGEMENT 1. Petitioner […]

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Suspension of Husband owing to False Complaint of Wife is Cruelty

MADHYA PRADESH HIGH COURT JUSTICE S.K. Gangele, J. & Akhil Kumar Shrivastava BALIRAM Vs. SUMITRA On 18 July 2018 Law Point: He was suspended and subjected to departmental inquiry – Husband entitled for decree of divorce. JUDGEMENT Appellant has filed this appeal against the judgment dated 6.1.2007 passed in Civil Suit No. 21-A/2006. By the […]

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No Conviction in Dowry Death Case if no Incriminating Evidence

CALCUTTA HIGH COURT JUSTICE Rakesh Tiwari, Actg. CJ. & Mir Dara Sheko J. Krishna Kant Dwivedi Vs. State Of West Bengal On 23 October 2017 Law Point: Unnatural death of deceased by administering poison — Absence of any lawful incriminating circumstantial evidence — Conviction under Section 302, IPC and acquittal under Sections 498A, 201, IPC […]

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Sukhamay Mondal & Ors. Vs. State Of West Bengal & Anr.

  Court: CALCUTTA HIGH COURT Bench: JUSTICE Asha Arora Sukhamay Mondal & Ors. Vs. State Of West Bengal & Anr. On 6 August 2018 Law Point: Criminal Procedure Code, 1973 — Sections 239, 240 — Indian Penal Code, 1860 — Sections 498A, 323 — Discharge — Cruelty — Hurt — Vague and unspecific allegations against […]

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