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: Allahabad High Court Bench: JUSTICE Rekha Dikshit Awadhesh Awasthi Vs. State Of U.P. On 19 February 2018 Law Point: Sections 304B, 498A — Prosecution could not prove that deceased was ever subjected to cruelty or harassment by accused appellant which resulted in her death — In absence of proof of such ingredients presumption for […]
Court:SUPREME COURT OF INDIA Bench: JUSTICE Pinaki Chandra Ghose & N.V. Ramana ASHOK Vs. STATE OF MAHARASHTRA On 11 March 2015 Law Point: Section 498A – Proof of offence – Proximity Test – Stale incident cannot be pressed into service by prosecution to prove cruelty. JUDGEMENT 1. This criminal appeal arises from […]
Court: Supreme Court Of India Bench: JUSTICE Sudhansu Jyoti Mukhopadhaya & V. Gopala Gowda Asha & Anr. Vs. State Of Uttarakhand On 1 November 2013 Law Point: No convincing and cogent evidence produced — Courts below failed to consider relevant fact, viz., appellants were not in house at the time of incident — Judgment and […]
Court: Supreme Court Of India Bench: JUSTICE A.K. Patnaik & Sudhansu Jyoti Mukhopadhaya Vipin Jaiswal (a-i) Vs. State Of A.p. Rep. By Public Prosecutor On 13 March 2013 Law Point: Sections 304B, 498A — Dowry Prohibition Act, 1961 — Section 2 — Dowry Death — Cruelty — Demand of dowry — To hold accused guilty […]
Court: High Court Of Calcutta Bench: JUSTICE G.R. Bhattacharjee Shibsankar Samanta Vs. Sobhana Samanta On 18 March 1992 Law Point: Maintenance – Reversal of order – Section 125, Criminal Procedure Code, 1973 (Cr.P.C.) – Sessions Judge reversed findings of Magistrate and held that there was marriage between parties and they resided together as husband and […]
Court: Jharkhand High Court Bench: JUSTICE D.G.R. Patnaik Sukro Devi Vs. State Of Jharkhand & Anr. On 19 June 2007 Law Point: Section 125(4) — Maintenance — Adultery — Both Courts below recorded findings of fact and assigned adequate grounds for such findings — Facts of case suggest it was not isolated or solitary instance […]
Court: High Court Of Bombay Bench: High Court Of Bombay Sharadchandra Chandrashekhar Satbhai Vs. Indubai Sharad Satbhai On 25 August 1977 Law Point: The fact that a decree for judicial separation has been passed in favour of the husband on the ground of desertion means that the wife is guilty of refusing to live with […]
Court: High Court of Delhi Bench: JUSTICES Sanjiv Khanna and R.K. Gauba Dhani Ram and Ors. Vs. State Law Point: Dowry death – Acquittal – Benefit of doubt – Appeal filed against conviction and order on sentence for offences of cruelty and dowry death of wife of first Appellant – Whether Appellants entitled for acquittal […]
Court: Bombay High Court Bench: JUSTICE Sharad Manohar Mohammed Sharif Vs. Raisa Begum and Another On 26 July 1985 Law Point: Wife not entitled to maintenance as she was in wrong as all efforts to reconcile proved futile by the husband. JUDGEMENT 1. A question of quite some importance is raised by Mr. Kadar in […]
Court: Delhi High Court Bench: JUSTICE SUNIL GAURE Mohd Babu@Sameer vs Shakila On 21 April 2015 Law Point: Settlement is comprehensive. It clearly stipulated that parties will not initiate any action against each other. Maintenance denied to wife. JUDGEMENT In proceedings under Section 125 of Cr.P.C. petitioner had raised the question of maintainability, which has […]