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 Jagdish Singh Khehar & N.V. Ramana Ram Saran Varshney And Others Vs. State Of U.P. and Another On 5 February 2016 Law Point: No clear allegations have been leveled by Wife against any of her sister in laws. Visits by sister in laws cannot be treated as occasions […]
The Ratio of This Judgement Has Been OverRuled By SupremeCourt Rupali Devi Vs. State Of Uttar Pradesh & Ors. Court: Kerala High Court Bench: JUSTICE Sasidharan Nambiar Dr. Satheesh N.V. and Ors. Vs. State of Kerala and Ors. On 15 July 2009 Law Point: Cognizance of offence – Lack of territorial jurisdiction- Petition to quash […]
Court: Supreme Court Of India Bench: JUSTICE J.B. Garg Kantilal Martaji Pandor Vs. State Of Gujarat & Anr. Law Point: Section 498A Explanations (a), (b) — Cruelty — Scope and ambit of provision — Clause (b) is not attracted as there was no harassment by husband with a view to coercing her to meet any […]
Court: Allahabad High Court Bench: JUSTICE Vinod Prasad RUBI & ORS. Vs. STATE OF U.P. & ANR. On 16 March 2007 Law Point: Cruelty, Dowry Demand — Summoning of younger members of family, unjustified. At stage of summoning it is not law that even younger members of family be also summoned to stand trial along […]
Court: Supreme Court of India Bench: JUSTICE J.B. Garg Dr. Arijit Pasayat & Asok Kumar Ganguly Law Point: Complainant not a legally wedded wife of appellant, Section 498A, IPC has no application. JUDGEMENT Leave granted 2. Challenge in this appeal is to the order passed by a learned Single Judge of the […]
Court: Delhi High Court Bench: JUSTICE Shiv Narayan Dhingra Shakuntala Vs. State Of Delhi On 26 February 2007 Law Point: Complainant Wife thought of using Sections 406 and 498A, IPC against family members to teach lesson to every body — Court cannot be swayed by feelings of hatred of complainant. Fair and just investigation is […]
Court: Gauhati High Court Bench: JUSTICE U.B. Saha Mrinal Kanti Roy Barman & Anr. Vs. State Of Tripura On 7 September 2009 Law Point: Section 498a – Insufficient evidence to prove cruelty and demand of dowry — Conviction unsustainable. Mere allegation not enough to prove guilt in criminal case. JUDGEMENT 1. The […]
Court: Karnataka High Court Bench: JUSTICE H.N. Narayan Smt. Sumangala Vs. Laxminarayan Anant Hegde & Anr. On 14 January 2003 Law Point: Father of minor taking away his child from custody of mother even without informing her and who is legally entitled for custody of child : That act does not amount to cruelty to […]
Court: Karnataka High Court Bench: JUSTICE M.F. Saldanha & N.K. Patil State Vs. Srikanth & Ors. On 26 June 2002 Law Point: Charges Against Accused not Established : Acquittal Justified : In Many Cases where Matrimonial Offences Alleged, Police Indiscriminately Roping in whole of Family Including Brothers, Sisters, In-Laws : Unless there is Specific Material […]
Court: Delhi High Court Bench: JUSTICE Dr. S. Muralidhar Purshotam Gupta & Ors. Vs. State & Anr On 23 January 2008 Law Point: Petition under Section 13(1)(ia) and 13(1)(ib) of Hindu Marriage Act is converted into petition under Section 13B of Hindu Marriage Act for grant of decree of divorce by mutual consent. Sections 406, […]