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: Gujarat High Court Bench: JUSTICE Rajesh H. Shukla Tarlochan R. Jhaveri Vs. State Of Gujarat & Ors. Decided on 6 August 2012 Law Point: When the statute provides for specific remedy and procedure, then extraordinary jurisdiction or writ jurisdiction or inherent powers are not required to be exercised — Parties should be relegated to […]
Court: Madras High Court Bench: JUSTICE K.N. Basha A. Govindarajan & Ors. Vs. Inspector General Of Police Decided on 19 February 2007 Law Point: Quashing of proceedings — Hurt, criminal breach of trust, cruelty, common intention, dowry demand — Points raised by petitioners to be considered only after recording evidence at appropriate time by Trial […]
Court: Karnataka High Court Bench: JUSTICE K. Sreedhar Rao Mohammed Ilias Vs. State Of Karnataka on 9 April 2001 Law Point: Cruelty, Attempt to Murder : Accused Absconding : Case Split up and Charge Sheet Laid Against other Accused, who were Acquitted : Evidence Produced in case of Accused cannot be Different from One Produced […]
Court: JHARKHAND HIGH COURT Bench: JUSTICE Amareshwar Sahay Niranjan Chatterjee & Ors. Vs. State Of Jharkhand & Anr. on 2.April 2003 Law Point: Quashing of proceedings: Cruelty, demand of dowry: Allegations made in complaint constitute offences under Section 498-A, I.P.C. and Section 3/4 , Dowry Prohibition Act : At stage of taking cognizance Court to […]
Court: Punjab and Haryana High Court Bench: JUSTICE J.B. Garg Kavita Sharma And Another Vs. Megh Raj And Another Decided on 15 September 1993 Law Point: Wife did not come forward for joint petition- Whether wife has committed an offence of cheating? JUDGEMENT 1. Kavita Sharma and her brother Arun Kumar, have moved this petition […]
Court: Supreme Court Of India Bench: JUSTICE Aftab Alam & Ranjana Prakash Desai Chandralekha & Ors. Vs. State Of Rajasthan & Anr. on 14 December 2012 Law Point: Criminal Breach of Trust, Cruelty — Quashing of FIR — Allegations are extremely general in nature — No specific role is attributed to Husband and his Family. […]
Court: Andhra High Court Bench: JUSTICES R M Bapat & M N Reddy Kotti Veera Venkata Padmavathi vs Kotti Sriram on 1 October, 2002 Equivalent citations: 2002 (6) ALT 318 Law Point: False allegation by the wife that husband was a womaniser. Divorce granted to Husband. JUDGEMENT 1. This is an appeal […]
Court: Himachal Pradesh High Court Bench: JUSTICE D D Sud Chand Parkash Sharma vs Kaushlya Devi on 23 October, 2007 Law Point: Abstaining from sexual relationship is cruelty, divorce granted. JUDGEMENT 1. This is the husband’s appeal against the judgment of the learned District Judge, Solan, dismissing the petition filed by him under Section 13 […]
Court: Allahabad High Court Bench: JUSTICE A N Varma Smt. Aruna Jalan Vs. Capt. (Now Major) Ramesh Chand on 12 April, 1988 Equivalent citations: AIR 1988 All 239 Law Point: False and unnecessary complaints to superiors of husband in his amounts to cruelty, divorce granted. JUDGEMENT 1. This second appeal is directed against concurrent judgments […]
The Ratio of This Judgement Has Been OverRuled By SupremeCourt Rupali Devi Vs. State Of Uttar Pradesh & Ors. Court: Madhya Pradesh High Court Bench: JUSTICE Indrani Datta Bharat Singh Vs. State Of M.P. on 29 September 2010 Law Point: Cruelty, dowry demand — Limitation — Computation of period — Territorial jurisdiction — Allegations with […]