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: S.B. Sinha, G.S. Singhvi Sanapareddy Maheedhar vs State Of Andhra Pradesh on 13 December, 2007 Law Point: 498A Quashed, continuing proceedings after 7 years of complainant getting re-married is abuse of court process JUDGEMENT Leave granted. This appeal is directed against the order dated 6.12.2006 passed by the learned Single Judge of […]
Court: Supreme Court of India Bench: Ashok Bhan, D.K. Jain Onkar Nath Mishra & Ors vs State (Nct Of Delhi) & Anr on 14 December, 2007 Law Point: Quash of 498 A & 406 commenting 498 A should not be used as a device to achieve oblique motives JUDGEMENT Leave granted. 2. This appeal by […]
Court: Delhi High Court Bench: MR. JUSTICE VALMIKI J.MEHTA Ms. Nidhi Kaushik vs Union Of India And Ors. on 4 September, 2013 Mr. Sachin Chauhan, Adv. For the appellant. Ms. Archana Gaur, Advocate for respondent No.1. Mr. J.C. Seth, Advocate for respondent Nos.2 to 4. Law Point: Domestic Violence is no bar for denying promotion, is not a criminal offence […]
Court: Supreme Court of India Bench: R.M. Lodha, A.K. Patnaik Amar Singh vs State Of Rajasthan on 3 August, 2010 Law Point: Mere demand of dowry cannot be prosecuted u/s 498A or 304B JUDGEMENT CRIMINAL APPEAL No. 854 of 2004 This is an appeal against the judgment dated 07.10.2003 of the High Court of Rajasthan, […]
Court: Supreme Court of India Bench: Sudhansu Jyoti Mukhopadhaya, Adarsh Kumar Goel Shlok Bhardwaj vs Runika Bhardwaj & Ors on 10 December, 2014 Law Point: After Mutual Consent Divorce Disputes can not be reopened. High Court will ordinarily not interfere in revision with an order of acquittal except in exceptional cases JUDGEMENT 1. This appeal […]
Court: Supreme Court of India Bench: D.P. Mohapatra, Brijesh Kumar. Parveen Mehta vs Inderjit Mehta on 11 July, 2002 Law Point: Defination of Mental Cruelty. In case of mental cruelty it will not be a correct approach to take an instance of misbehavior in isolation and then pose the question whether such behavior is sufficient […]
Court: High Court of Delhi Bench: JUSTICE KAILASH GAMBHIR Mr. Sunil Gupta Versus State of NCT of Delhi on August 01, 2008 Law Point: After mutual consent the complainant deliberately evading appearance and not traceable JUDGEMENT IO Santosh Kumar is present. He states that he has visited house bearing No. H-47, Gharwali Mohalla, Laxmi Nagar, Delhi where […]
Court: Delhi District Court Bench: Sh. Daya Prakash Surender Kumar vs The State (Nct Of Delhi) on 13 May, 2014 Law Point: Acquittal in 498 A – Benefit of doubt due to afterthought and incredible version of prosecution JUDGEMENT 1. By this judgment, I shall dispose off the present appeal under Section 374 […]
Court: Supreme Court of India Bench: Arijit Pasayat, H.K. Sema Sushil Kumar Sharma vs Union Of India And Ors on 19 July, 2005 Law Point: Misuse of 498A is Legal Terrorism. Merely because the provision is constitutional and intra vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment […]
Court: Supreme Court of India Bench: P. Sathasivam, B.S. Chauhan Pankaj Mahajan vs Dimple @ Kajal on 30 September, 2011 Law Point: Suicide Threats a Ground for Divorce JUDGEMENT P.Sathasivam,J. 1) Leave granted. 2) This appeal is directed against the final judgment and order dated 06.08.2009 passed by the High Court of Punjab & Haryana at […]