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
Bombay High Court JUSTICE M.L. Tahaliyani Ramu Shankar Wagh Vs. State Of Maharashtra On 11 Feb 2014 Law Point: Section 113B — Cruelty — Abetment of Suicide — Presumption — Major allegation of evidence was found missing from police statements creates a serious doubt about correctness of evidence of witnesses — No evidence to establish […]
Court: Jharkhand High Court Bench: JUSTICE Aparesh Kumar Singh, J. & Ratnaker Bhengra Raju Vishwakarma Vs. Seema Devi On 17 May 2018 Law Point: Hindu Marriage Act, 1955 Sections 13(1)(ia), (ib) Cruelty Desertion Two examples of cruelty committed by respondent-wife, viz. false or repeated case against appellant-husband, in addition to his family members/relatives and sexual […]
Court: Madhya Pradesh High Court Bench: JUSTICE J.P. Gupta Shiv Dhar & Anr. Vs. State Of Madhya Pradesh On 6 April 2017 Law Point: Indian Penal Code, 1860 — Sections 306, 304B, 498A — Cruelty — Dowry Death — Abetment to Suicide — Appeal against Conviction — There is no dispute as to nature of […]
Court: Jharkhand High Court Bench: JUSTICE Anant Bijay Singh Shekhar Pandit @ Sekhar Vs. State Of Jharkhand & Anr. On 11 September 2017 Law Point: Criminal Procedure Code, 1973 — Section 438 — Indian Penal Code, 1860 — Sections 498A, 323, 325 — Anticipatory Bail — Cruelty — Hurt — Grievous Hurt — Petitioner-husband of […]
Court: Jharkhand High Court Bench: JUSTICE Anil Kumar Choudhary Simtaz Khan Vs. State Of Jharkhand & Anr. On 11 July 2017 Law Point: Dowry Prohibition Act, 1961 — Sections 3, 4 — Dowry Demand — Proof — PWs categorically stated about dowry demand — Same not demolished in any manner — No illegality or impropriety […]
Court: Madhya Pradesh High Court Bench: JUSTICE C.V. Sirpurkar Ramlal Prajapati Vs. State Of Madhya Pradesh On 15 September 2017 Law Point: Criminal Procedure Code, 1973 — Section 439 — Indian Penal Code, 1860 — Sections 306, 498A, 34 — Bail — Abetment of suicide — Cruelty — Petitioners, father-in-law and mother-in-law of deceased — […]
Court: Andhra Pradesh High Court Bench: JUSTICE B. Chandra Kumar T. Kaleem & Ors. Vs. State Of A.P. On 17 January 2014 Law Point: Criminal Procedure Code, 1973 — Section 438 — Indian Penal Code, 1860 — Sections 498A, 34 — Dowry Prohibition Act, 1961 — Sections 3, 4 — Anticipatory Bail — Cruelty — […]
Gauhati High Court JUSTICE Rumi Kumari Phukan Lakhan Deka & Anr. Vs. State Of Assam On 11 July 2017 Law Point: Sections 498A, 34 – Independent witnesses have not supported prosecution case — No complaint/FIR made at relevant point of time regarding torture — Prosecution not able to prove cruelty as embodied under Section 498A, […]
Court: Madras High Court Bench: JUSTICE Pushpa Sathyanarayana K.S. Vimleswaran Vs. C.P.S. Charumathi On 21 February 2017 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), (ib) — Cruelty — Desertion — Restitution of conjugal rights — Petition filed as counter blast by wife subsequent to filing of divorce petition by petitioner-husband — Least intention […]
Court: Madras High Court Bench: JUSTICE M. Jaichandren, J. & T. Mathivanan Suguna Vs. Kubendiran On 20 January 2017 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 9, 13(1)(ib) — Cruelty — Restitution of Conjugal Rights — Desertion — Appellant-wife alleged to have made repeated threat to commit suicide by pouring kerosene on her […]