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
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: Delhi High Court Bench: JUSTICE J.D. Kapoor Basant Kaur & Ors. Vs. State (NCT Of Delhi) On 25 November 2002 Law Point: Section 498A — Cruelty : Manifest Abuse and Misuse of Provisions of Section 498A, IPC : Woman Lived with Her Husband for about 24 Years and had Grown Up Children and Tolerated […]
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 Preeti Gupta & Anr. Vs. State Of Jharkhand & Anr. On 13 August 2010 Law Point: Quashing of Complaint — Criminal Breach of Trust, Wrongful Restraint, Hurt, Criminal Conspiracy, Cruelty, Dowry Demand — No specific allegations against appellants, i.e. sister-in-law, her husband, married brother-in-law of complainant, […]
Court: Delhi High Court Bench: JUSTICE S. Ravindra Bhat Surender Tokas Vs. State (NCT Of Delhi) On 13 March 2007 Law Point: No acceptable material or legal evidence in support of prosecution story about cruelty or cruel acts of such nature meted out by petitioner, resulting in death of deceased — Charge framed under Section […]
Court: Punjab and Haryana High Court Bench: JUSTICE K.S. Kumaran Ramesh Khullar & Anr. Vs. Alka @ Dimple On 21 March 1997 Law Point: Section 406 — Criminal Procedure Code, 1973 — Section 482 — Misappropriation of Dowry Articles : Complaint Absurd : Quashed — Complaint against husband, his sister and brother-in-law after three years […]
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, […]
Court: Jharkhand High Court Bench: JUSTICE Hari Shankar Prasad Hamidan Khatoon & Ors. Vs. State Of Jharkhand & Anr. On 28 April 2004 Law Point: FIR lodged with ulterior motive by way of causing harassment : Its continuance will be abuse of process of Court : Criminal proceedings quashed. JUDGEMENT 1. This application under Section […]
Court: Jammu & Kashmir High Court Bench: JUSTICE B Bhat Jagjit Singh And Anr. vs Ravinder Kour on 1 May 2003 Law Point: Complaint against the petitioner and taking of cognizance by the learned Magistrate under Section 406 RPC and issuance of process being time-barred by law, are quashed because the continuance of the proceedings […]
Court: Supreme Court Of India Bench: JUSTICE S.B. Sinha & Dr. Mukundakam Sharma Harmanpreet Singh Ahluwalia & Ors. Vs. State Of Punjab & Ors. On 5 May 2009 Law Point: Allegations contained in FIR made with an ulterior motive to harass appellants. Continuance of criminal proceedings against them would amount to abuse of process of […]