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 Dr. Sarojnei Saksen Satinder Kumar Vs. Asha Rani On 15 November 1994 Law Point: Secs. 406, 498-A — Criminal Breach of Trust, Cruelty — Complaint against husband & petitioner-brother-in-law by respondent — Offences u/Secs. 406, 498-A, I.P.C not prima facie disclosed against petitioner, husband’s brother — Maliciously […]
Court: Supreme Court Of India Bench: JUSTICE Pinaki Chandra Ghose & Uday Umesh Lalit Basisth Narayan Yadav Vs. Kailash Rai & Ors. On 3 July 2015 Law Point: Section 304B — Dowry death within 2 years of marriage – Persons who are not member of the husband’s family had no reason to be present at […]
Court: High Court Of Orissa Bench: JUSTICE A.S. Naidu Benumadhab Padhi Mohapatra Vs. State On 28 August 2003 Law Point: Prosecution has completely failed to adduce any iota of evidence that the deceased was at any time subjected to harassment by the appellants on demand of dowry – Ingredients of Sec. 498-A not satisfied – […]
Court: Andhra Pradesh High Court Bench: JUSTICE Ranga Reddy Alamuri Lalitha Devi & Ors. Vs. State Of Andhra Pradesh On 22 August 1994 Law Point: Section 498-A — Cruelty — No evidence that death is homicidal or suicide — Evidence suggest, might be natural death — A reasonable nexus has to be established between cruelty […]
Court:Calcutta High Court Bench: JUSTICE A K Basu, K Mukherjee Bipul Ranjan Paul vs State Of West Bengal On 15 March 2007 Law Point: Criminal- Dowry- Homicidal death- Section 498A, 304B and 306 of Indian penal Code, 18660- Appellant convicted for setting ablaze his wife over demand of dowry- Hence the instant appeal- Whether the […]
Court: High Court Of Allahabad Bench: JUSTICE Harsh Kumar Priyanka Kulshrestha Vs. State of U.P. and Ors. On 09 February 2017 Law Point: Section 498 – No evidence on record to prove that complainant suffered from any mental and physical cruelty in the hands of accused – Accused rightly acquitted. JUDGEMENT 1. […]
Court: Supreme Court Of India Bench: JUSTICE P. Sathasivam & Dr. B.S. Chauhan Bansi Lal Vs. State Of Haryana On 14 January 2011 Law Point: Indian Penal Code, 1860 — Section 498A — Cruelty — Proof of offence — Discussed. JUDGEMENT 1. This criminal appeal has been preferred against the judgment and […]
Court: Jharkhand High Court Bench: JUSTICE Vikramaditya Prasad V.P. Dhanesh Vs. State Of Jharkhand On 23 September 2003 Law Point: Cognizance and proceedings under Section 498-A, IPC, legal and cannot be interfered with : Proceeding in respect of offences under Sections 3 and 4, Dowry Prohibition Act quashed. JUDGEMENT 1. This application […]
Court: Punjab and Haryana High Court Bench: JUSTICE V.M. Jain Hussan Lal Vs. State Of Punjab & Anr. On 11 January 2002 Law Point: Section 406, 498-A — Criminal Procedure Code, 1973 — Section 469 — Criminal Breach of Trust, Cruelty : Limitation for Offence is 3 Years : Limitation shall Commence on Date of […]
Court: High Court Of Judicature at Allahabad Bench: JUSTICE Ram Surat Ram Kapil Goyal Vs. State Of U.P. And Anr on 25.4.2016 Anil Kumar Bajpai, Adv. For the appellant G.A. For the respondent. Law Point: Written Statement/reply can be filed by husband staying outside India through Power of Attorney in a maintenance case JUDGEMENT Heard Sri Anil Kumar Bajpai for the petitioner. This […]