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 R.C. Kathuria Dr. Sant Singh Vs. State Of Punjab On 27 April 2002 Law Point: Sections 406/498-A — Complainant made omnibus allegations against petitioners-accused and tried to rope them all as co-accused to face trial : No justification for summoning co-accused on basis of statement of complainant. JUDGEMENT […]
Court: Punjab And Haryana High Court Bench: JUSTICE K.S. Kumaran Raj Pal Singh Vs. State Of Haryana On 26 April 2000 Law Point: Sections 498-A, 406 — Allegations against petitioners (mother-in-law, brother-in-law and sister-in-law of complainant) are general and vague — At one breath complainant stated that dowry articles were handed over to accused Nos. […]
Court: Punjab And Haryana High Court Bench: JUSTICE R.C. Kathuria Harsh Vardhan Arora Vs. Smt. Kavita Arora On 19 February 2002 Law Point: Sections 498-A, 406 — Quashing of Proceedings : Cruelty, Criminal Breach of Trust : Omnibus Allegations made against All Accused in Respect of Demand of Dowry, Harassment, Torture and Beating Given to […]
Court: Delhi High Court Bench: JUSTICE S.P. Garg Mohit Yadav Vs. State (Govt. of NCT of Delhi) On 09 October 2015 Law Point: Status report reveals that the petitioner and the prosecitrix were acquainted with each other – Physical relations were established on several occasions between them. The prosecutrix is married and a major lady. […]
Court: Delhi High Court Bench: JUSTICE Mukta Gupta Mohit Narula Vs. State Of Nct Of Delhi & Anr. On 25 April 2018 Law Point: Rape — Consent — Fraud — False promise of marriage alleged — Relationship developed — During subsistence of earlier marriage there could have been no false promise to marry complainant by […]
Court: Punjab and Haryana High Court Bench: JUSTICE T.P.S. MANN and JUSTICE MAHABIR SINGH SINDHU Jagvati vs State Of Haryana And Anr on 14 November 2017 Law Point: Rape -Acquittal- Allegation that she was put under fear of terror and forced her to engage in sexual intercourse is not acceptable in view of the fact […]
Court: Supreme Court Of India Bench: JUSTICE T.S. Thakur & Vikramajit Sen Sherish Hardenia & Ors., Amrish Hardenia Vs. State Of M.P. & Anr. On 13 December 2013 Law Point: Offence of cruelty – Pleas founded on limitation have to be viewed with great circumspection. JUDGEMENT 1. Leave granted. These appeals assail […]
Court: Delhi High Court Bench: JUSTICE S. Ravindra Bhat Narinder Kaur Vs. State (nct Of Delhi) & Anr. On 6 June 2007 Law Point: Sections 498A, 406 — Bail — Cruelty, Criminal Breach of Trust — Grant of bail subject to condition of payment of Rs. 50,000/- by petitioner mother-in-law — Setting aside of condition […]
Court: Supreme Court of India Bench: JUSTICE Dr. Arijit Pasayat & D.K. Jain Hazarilal Vs. State Of M.P. On 20 June 2007 Law Point: Conviction based merely on surmises and conjectures. There is no other material to show how deceased was being harassed or subjected to cruelty, conclusion of High Court that because deceased committed […]
Court: Andhra Pradesh High Court Bench: Motilal B. Naik & A. Gopal Reddy Lokeshwari Vs. Srinivasa Rao Decided on 11 February 2000 Law Point: Maintenance/Permanent Alimony to Divorced Wife: Factors to be Taken into Consideration — Status of parties, their sources of income and properties, employment are to be taken into consideration — Both husband […]