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: Supreme Court Of India Bench: JUSTICE A.K. Patnaik & Sudhansu Jyoti Mukhopadhaya Bharat Bhushan & Anr. Vs. State Of M.P. On 12 March 2013 Law Point: Unless it is established that appellants committed some act of cruelty or harassment towards a woman, they cannot be held guilty of offences under Sections 304B and 498A, […]
Court: Jharkhand High Court Bench: JUSTICE D.K. Sinha Kailash Mandal & Anr. Vs. State Of Jharkhand On 18 March 2011 Law Point: Criminal Procedure Code, 1973 — Sections 319, 482 — Dowry Death — No specific overt act attributed against petitioners, mother-in-law and father-in-law of deceased — Allegations general in nature — Other witnesses have […]
Court: Delhi High Court Bench: JUSTICE R.S. Sodhi Bhawani Devi & Anr. Vs. State On 25 July 2005 Law Point: Section 498A read with Section 34, Section 304B read with Section 34 — Cruelty, Dowry Death, Common Intention : No iota of evidence to show either mother-in-law or sister-in-law treated deceased with cruelty or had […]
Court: Madras High Court Bench: JUSTICE N. Sathish Kumar State Vs. Palavesham @ Ranjith & Ors. On 10 July 2017 Law Point: Sections 304B, 498A, 34 — Benefit of Doubt — Suicide committed by deceased within 7 months of marriage — None of the letters written by deceased indicate even slightest doubt about alleged dowry […]
Court: Supreme Court Of India Bench: JUSTICE Jagdish Singh Khehar & S.A. Bobde State Of Karnataka Vs. Dattaraj & Ors. On 15 February 2016 Law Point: Sections 498A, 304B, 34-Allegation is inconsequential with respect to provisions under which accused were charged — High Court was fully justified in acquitting brother, father and mother of respondent-husband […]
Court: Supreme Court of India Bench: JUSTICE Umesh C. Banerjee & Shivaraj V. Patil Sunil Bajaj Vs. State Of M.P. On 11 October 2001 Law Point: Dowry Death, Abetment of Suicide: Necessary Ingredient of Deceased being Subjected to Cruelty or Harassment by Appealant soon before her Death for or in Connection with Demand of Dowry […]
Court: Andhra Pradesh High Court Bench: JUSTICE D.S.R. Varma Shaik China Buda Vs. State Of A.P. Law Point: Section 498-A — Cruelty : No Corroboration in Evidence of P.Ws. 1 to 4 on Material Aspects : All Co-accused Acquitted of Offence under Sections 304-B and 498-A, I.P.C. : No Specific Evidence Against A1 for Offence […]
Court: Supreme Court of India Bench: JUSTICES N. Santosh Hegde & B.P. Singh Gurucharan Kumar & Anr. Vs. State Of Rajasthan On 8 January 2003 Law Point: Dowry Death : Abetment of Suicide : Evidence on Record does not Suggest Deceased was Subjected to Cruelty or Harassment by her Husband or by her Father-in-law and […]
Court: Supreme Court of India Bench: JUSTICES Altamas Kabir & H.L. Gokhale Durga Prasad & Anr. Vs. State Of M.P. On 14 May 2010 Law Point: Sections 304B, 498A — Evidence Act, 1872 — Sections 113A, 113B — Dowry Death, Cruelty — Presumption — Benefit of doubt — It will not be sufficient to only […]
Court: Supreme Court Of India Bench: JUSTICES T.S. Thakur, Adarsh Kumar Goel & R. Banumathi Jagdish & Ors. Vs. State Of Uttaranchal On 25 November 2014 Law Point: Mere demand of dowry at one or two instances may not attract provisions of Section 304B IPC. No material to show there was persistent demand of dowry […]