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: Punjab And Haryana High Court Bench: JUSTICE Nirmal Singh Mukesh Rani Vs. State Of Haryana On 13 August 2001 Law Point: Sections 498-A, 406 — Evidence Act, 1872 — Sections 113-A, 113-B — Quashing of Order : Cruelty, Criminal Breach of Trust : Sister and Brother-in-law of Accused Living Separately in Different Village : […]
Court:GUJARAT HIGH COURT Bench: JUSTICE M.R. Shah Payal Mihirbhai Patel Vs. State of Gujarat & 1 On 01 February 2012 Law Point: Section 498A/114 – The petitioner is the sister in law of the complainant. except for vague allegations that the petitioner used to call her parents and instigate them there is no material on […]
The Ratio of This Judgement Has Been OverRuled By SupremeCourt Rupali Devi Vs. State Of Uttar Pradesh & Ors. Court: Supreme Court of India Bench: JUSTICES P. Venkatarama Reddi & A.K. Mathur Ramesh & Ors. Vs. State Of Tamil Nadu On 3 March 2005 Law Point: Quashing of Charge-sheet : Territorial Jurisdiction : Cruelty, Criminal […]
Court: Punjab And Haryana High Court Bench: JUSTICE G.S. Chahal Richhpal Kaur Vs. The State of Haryana On 23 January 1991 Law Point: With respect to charge under section 498-A, Indian Penal Code, the allegations made in the complaint do not make out an offence. JUDGEMENT 1. Smt. Richhpal Kaur and others have come up […]
Court: High Court Of Allahabad Bench: JUSTICE Palok Basu Ramesh Chand vs. State of U.P. and Anr. On 25 November 1991 Law Point: Section 498-A Complaint could succeed only if it can be proved that there was an “unlawful demand” by the husband of some money. Assuming that the husband had asked the wife to […]
Court: High Court Of Orissa Bench: JUSTICE A.S. Naidu Manmatha Kumar Jena and Ors. vs. Smt. Sanjukta Jena On 18 June 2003 Law Point: Quashing of order – Cognizance of offences under Secs. 498-A/506/34, IPC and Sec. 4 of Dowry Prohibition Act – No FIR lodged at any police station – Complainant-opp. party conceived at […]
Court: Supreme Court Of India Bench: JUSTICES Altamas Kabir Cyriac Joseph and S.S. Nijjar Bhushan Kumar Meen vs. State of Punjab and Ors. On 02 September 2011 Law Point: No FIR and proceedings taken there under can be sustained when no prima facie case and offence alleged in said FIR has been made out against […]
Court: Punjab and Haryana High Court Bench: JUSTICE M.M. Kumar Vidya Devi Vs. State Of Haryana & Anr. On 9 October 2002 Law Point: Section 482 — Indian Penal Code, 1860 — Sections 406, 498-A — Quashing of FIR : Criminal breach of trust, Cruelty : Wife facing criminal prosecution of killing her own husband […]
Court: Madhya Pradesh High Court Bench: JUSTICE Atul Sreedharan Jay Prakash and Ors. vs. State of M.P. and Ors. On 21 April 2017 Law Point: Allegation under section 498a against sister in law are peripheral and appear to have been leveled only to put pressure on husband. Quashed. JUDGEMENT 1. The petitioners herein are the […]
The Ratio of This Judgement Has Been OverRuled By SupremeCourt Rupali Devi Vs. State Of Uttar Pradesh & Ors. Court: Punjab and Haryana High Court Bench: JUSTICE Jaishree Thakur Eshan Joshi Vs. Suman On 23 January 2018 Law Point: Petitioner challenged that the complaint is without jurisdiction. High Court thus with its vast inherent powers […]