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: Punjab & Haryana High Court Bench: JUSTICE Jaishree Thakur Angrej Singh Sandhu Vs. State Of Punjab On 4 May 2018 Law Point: Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Sections 498-A, 406, 506 — Quashing of FIR — Cruelty — Criminal breach of trust — Criminal intimidation — […]
Court: MADHYA PRADESH HIGH COURT Bench: JUSTICE J.P. Gupta Ramkumar Sarathe & Ors. Vs. State Of Madhya Pradesh & Anr. On 23 January 2018 Law Point: Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Section 498A — Dowry Prohibition Act, 1961 — Sections 3, 4 — Quashing of charge […]
Court:BOMBAY HIGH COURT Bench: JUSTICE T.V. Nalawade, J. & S.M. Gavhane Rakesh Vs. Vaishali On 13 October 2017 Law Point: Hindu Marriage Act, 1955 — Sections 9, 13(1)(ia), 13(1)(ib), 13(1)(iii) — Restitution of conjugal rights — Cruelty — Desertion — Mental illness — Unsound mind — Grant of divorce — Respondent-wife alleged to be […]
Court:PUNJAB AND HARYANA HIGH COURT Bench: JUSTICES JUSTICE AJAY KUMAR MITTAL AND SNEH PRASHAR Anita Rani vs Suresh Kumar On 26 February 2015 Law Point: Wife files false criminal cases against the husband, breaking & throwing mangal sutra, getting husband arrested, neglecting household and ill-treated husband etc. are cruelty. Divorce granted by the court. JUDGEMENT […]
Court: JAMMU AND KASHMIR HIGH COURT Bench: JUSTICE Sanjay Kumar Gupta Narinder Singh Saini Vs. State & Ors. On 24 May 2018 Law Point: Criminal Procedure Code, 1973 — Sections 5, 6A — Indian Penal Code, 1860 — Sections 498A, 109, 406 — Quashing of FIR — Cruelty — Abetment — Criminal breach of […]
Court: Chhattisgarh High Court Bench: JUSTICE Prashant Kumar Mishra, J. & Arvind Singh Chandel Prabir Kumar Das Vs. Papiya Das On 29 January 2018 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Guardians and Wards Act, 1890 — Section 9 — Civil Procedure Code, 1908 — Order 41 Rule 27 — Cruelty — […]
Court: Rajasthan High Court Bench: JUSTICE Pradeep Nandrajog, CJ. & Vinit Kumar Mathur Pooja @ Sajna Vs. Durga Prasad On 10 April 2018 Law Point: Hindu Marriage Act, 1955 Sections 13(1)(ia), (ib) Cruelty Desertion Respondent-husband duly proved mental cruelty as also desertion without reasonable cause. Direct conflict in testimony of appellant-wife and her father concerning […]
Court: Jharkhand High Court Bench: JUSTICE Aparesh Kumar Singh, J. & Ratnaker Bhengra Meenu Devi Vs. Amit Kumar On 12 March 2018 Law Point: Hindu Marriage Act, 1955 Sections 13(1)(ia), (ib) Mental Cruelty Desertion – False implication in criminal case amounts to cruelty Absence of physical relationship for more than 7 years between parties. It […]
Court: Jharkhand High Court Bench: JUSTICE Aparesh Kumar Singh, J. & B.B. Mangalmurti Nisha Rashmi Vs. Kamlesh Pandey On 16 July 2018 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Petitioner-wife stayed for 4-5 days only after marriage — No serious attempts to resolve issues by her family members or wife […]
Court: Bombay High Court Bench: JUSTICE Vasanti A Naik, J. & Swapna Joshi Sudhir Kamlakar Kharbade Vs. Sangita On 20 April 2018 Law Point: Hindu Marriage Act, 1955 – Sections 13(1)(ia), (ib) – Cruelty – Desertion – Appreciation of evidence – Wife respondent has ill-treated appellant-husband, in-laws and lodged false complaint against him under Section […]