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 and Haryana High Court Bench: JUSTICE SABINA Sudha vs Narender Nagpal And Others on 9 February, 2010 Mr.Ashish Handa, Adv. For the appellant. Mr.R.S.Sihota, Adv. and Mr.B.S.Rana,Adv. For the respondents. Law Point: Generic complaint, conduct of accused, money demanded for repayment of loan amout for car after husband lost job cannont be termed as dowry JUDGEMENT Petitioner Sudha has filed […]
Court: Madras High Court Bench: JUSTICE K.N. BASHA Nagararajan vs State Rep. By on 22 July, 2010 Mr.T.V.Krishnakumar, Adv. For the appellant. Mr.J.C.Durairaj, GA For the respondent. Law Point: Seeking for Financial Assistance is not a Dowry JUDGEMENT The challenge in this appeal is to the judgment of the learned Additional District and Sessions Judge (Fast Track Court IV), Chennai dated 18.5.2003 […]
Court: Supreme Court of India Bench: V.S. Sirpurkar, Deepak Verma Neelu Chopra & Anr vs Bharti on 7 October, 2009 Law Point: 406 Requires Dates of Entrurstment and Date of Denial JUDGEMENT 1. This appeal is against the judgment of the Punjab & Haryana High Court whereby the petition for quashing the criminal proceedings against […]
Court: Supreme Court of India Bench: Dr. Arijit Pasayat, P. Sathasivam Ran Singh And Anr vs State Of Haryana And Anr on 30 January, 2008 Law Point: Need material evidence to prove dowry demand. JUDGEMENT 1. Leave granted. 2. Challenge in this appeal is to the order passed by a learned Single Judge of the […]
Court: Supreme Court of India Bench: Altamas Kabir, A.K. Patnaik Sunita Jha vs State Of Jharkhand & Anr on 13 September, 2010 Law Point: Paramour of husband not under the defination of relative u/s 498A. Discharged JUDGEMENT 1. Leave granted. 2. This Appeal is directed against the judgment and order dated 29th April, 2009, passed […]
Court: High Court of Delhi Equivalent citations: 2003 (1) AWC 344 SC, (2003) 2 CALLT 23 SC Bench: JUSTICE SHIV NARAYAN DHINGRA Bimla Rawal and Ors. versus State (NCT Of Delhi) and Anr on 03.1.2008 Law Point: Jurisdiction explained in criminal offences. 498A complaint transfered on Jurisdiction JUDGEMENT This Writ Petition under Article 226 […]
Court: ALLAHABAD HIGH COURT Bench: Justice Bhanwar Singh and Justice J. M. Paliwal Dharm Raj Yadav And Others vs State Of U.P. And Others on 10 January, 2006 Dr. L. P. Misra, LC For the petitioner. Mr. Janardan Singh, learned Additional Government Advocate & Mr. B. M. Sahai, learned counsel For the Complainant. Law Point: Wife filed false 498A to […]
Court: Supreme Court of India Equivalent citations: 1980 AIR 1632, 1980 SCR (3) 383 Bench: Chandrachud, Y.V. (Cj), Bhagwati, P.N., Untwalia, N.L., Pathak, R.S., Reddy, O. Chinnappa (J) Gurbaksh Singh Sibbia Etc vs State Of Punjab on 9 April, 1980 Mr. Gopal Narain Aggarwal, Adv. For the appellant. Mr.Narinder Kaushik, Adv. For the respondent. Law Point: No FIR needed to Grant anticipatory bail. […]
Court: Gujarat High Court Bench: JUSTICE AKIL KURESHI Vinodbhai vs State on 21 September, 2010 Law Point: Complainant left the company 14 years back of the accused, continuting 498A is abuse of process of law JUDGEMENT Petitioners are common in both the petitions. Original complainant, respondent No.2 is also common. Petitioner No.1 is the brother of […]
Court: Supreme Court of India Bench: S.B. Sinha, R.M. Lodha U.Suvetha vs State By Insp.Of Police & Anr on 6 May, 2009 Law Point: Living with “another woman” would not attract the wrath of Section 498A against “other” women JUDGEMENT 1. Leave granted. 2. Whether the term “relative of husband of a woman” […]