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
ALLAHABAD HIGH COURT JUSTICE S.K. Agarwal Samaydin Vs. State of U.P. On 4 January 2001 Law Point: Maintenance : Payable from Date of Application in Extraordinary Circumstances i.e. Dilatory Tactics on Part of Husband or Untold Cruelty Practised Against His Wife : No Such Inclination Shown in Judgment : Maintenance Payable from Date of Order. […]
BOMBAY HIGH COURT JUSTICE V.M. Kanade & P.D. Kode Nitin Ramesh Dhiwar Vs. ROOPALI NITIN DHIWAR On 16 August 2012 Law Point: Filing of false criminal complaint itself amounts to cruelty within meaning of Section 13(1)(ia) of Act — Impugned judgment and order passed by Family Court quashed and set aside. JUDGEMENT Heard the learned […]
SUPREME COURT OF INDIA JUSTICE B.N. Agrawal, P.P. Naolekar & Dalveer Bhandari Samar Ghosh Vs. Jaya Ghosh On 26 March 2007 Law Point: She unilaterally declared her decision not to give birth to child for 2 years and appellant should not be inquisitive about her child and keep himself aloof as far as possible — […]
SUPREME COURT OF INDIA JUSTICE Dipak Misra, J. & Amitava Roy K.V. PRAKASH BABU Vs. STATE OF KARNATAKA On 22 November 2016 Law Point: ‘Suspicion’ of ‘extra-marital relationship’ of husband — Extra-marital relationship, per se, or as such would not come within ambit of Section 498A, IPC — It would be an illegal or immoral […]
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, […]
ANDHRA PRADESH HIGH COURT JUSTICE S.V. Maruthi & E. Dharma Rao G. PADMINI Vs. G. SIVANANDA BABU On 11 November 1999 Law Point: Letter Written to Third Party About Impotency of Husband : Amounts to Mental Cruelty — Wife has written letter about impotency of her husband to brother-in-law — Brother-in-law is an outsider to […]
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 […]
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 […]
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 […]
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 […]