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
CHHATTISGARH HIGH COURT JUSTICE Goutam Bhaduri, J. & Deepak Kumar Tiwari CHITRA PATEL Vs. RUPESHWAR @ RUPESH PATEL On 25 March 2022 Law Point: When person undergoes trial in which he acquitted of allegation of offence levelled by wife against husband, it cannot be accepted that no cruelty meted out on husband — After marriage […]
Court: Bombay High Court Bench: JUSTICE A.D. Mane & R.G. Deshpande Dagadu Shankar Todmal Vs. State Of Maharashtra On 28/29.7.1997 Law Point: Altercation or conflict between husband and wife does not amount to “cruelty” and cannot attract provisions of Section 498A. Conviction cannot be based on sentimental approach. JUDGEMENT 1. This appeal is filed by […]
Court: Bombay High Court Bench: JUSTICE Vishnu Sahai Rajendra Ramkrishna Lande Vs. State Of Maharashtra On 30 July 1997 Law Point: Allegations of general nature. Not a case of prosecution that Husband used to physically ill-treat deceased Wife.Fit case to grant benefit of doubt to appellant. JUDGEMENT 1. Through this appeal, the […]
Court: Allahabad High Court Bench: JUSTICE Bhanwar Singh State Of U.P. Vs. Sushil Kumar Jain & Ors. On 23 May 2002 Law Point: Not Dowry but Suspected Bad Character of Wife was Main Cause of Strained Relationship Between Two and such Strained Relationship Turned into Bitterness, Eventually Leading to their Divorce. Trial Court Rightly Recorded […]
Court: Supreme Court Of India Bench: JUSTICE G.B. Pattanaik & Doraiswamy Raju Tarun @ Gautam Mukherjee Vs. State Of West Bengal On 4.5.2000 Law Point: Appreciation of Evidence : Charge Not Established — High Court on scrutiny of evidence held that offence under Section 306, I.P.C. not established by prosecution but offence under Section 498-A, […]
Court: Bombay High Court Bench: JUSTICE G.D. Kamat & A.A. Halbe Shekhar Amonkar Vs. State Law Point: Apreciation of evidence, benefit of doubt given to accused Husband. JUDGEMENT 1. Being aggrieved by the conviction for offences punishable under Sections 478-A, 306, 323 and 506 (Part II) of the Indian Penal Code and […]
Court: Supreme Court Of India Bench: JUSTICE Dr. Arijit Pasayat, P. Sathasivam and Aftab Alam B. Venkat Swamy Vs. Vijaya Nehru & Anr. On 25.8.2008 Law Point: Appeal against acquittal — Circumstantial evidence — Prosecution has not established accusations — In cross-examination P.W. 1 categorically admitted that deceased never personally informed him about alleged harassment […]
Court: Orissa High Court Bench: JUSTICE A. Pasayat & D.M. Patnaik Babaji Charan Barik Vs. State On 8.10.1993 Law Point: Appreciation of evidence, no evidence for demand of dowry by Husband. Acquitted. JUDGEMENT Was the unfulfilled dowry claim of the appellant Babaji Charan Barik (hereinafter referred to as the ‘accused’) cause of death of his […]
Court: Karnataka High Court Bench: JUSTICE N.S. Veerabhadraiah Basappa @ Basanagowda Vs. State Of Karnataka On 28 October 2005 Law Point: Accused Husband and complainant Wife amicably settled matter and filed application under Section 320(6), Cr. P.C. Both submitted to have no differences and having two small kids, not appropriate for this Court to send […]