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 N.K. Agrawal Shanti Devi Vs. State Of Haryana On 5 February 1999 Law Point: Allegations appear to be totally vague. Not clear from complaint as to when alleged articles or money demanded or misappropriated or given to bride or bridegroom during marriage. Nothing to show prima facie […]
Court: Andhra Pradesh High Court Bench: JUSTICE P.S. Narayana Cheruku Umapathi Vs. State Of A.P. 31 August 2004 Law Point: Prosecution unable to point out any other legally acceptable evidence to sustain conviction of Husband under Section 498-A, I.P.C.: Conviction and sentence recorded against Husband under Section 498-A, I.P.C. unsustainable and set aside. JUDGEMENT 1. […]
Court: Orissa High Court Bench: JUSTICE R M.M. Das Surendra Hota & Ors. Vs. State Of Orissa Decided on 2 September 2010 Law Point: Complaint petition itself does not disclose commission of any offence committed by petitioners — Rather it reflects anguish of complainant for having been impleaded as OP in case filed for award […]
Court: Madhya Pradesh High Court Bench: JUSTICE R.P. Awasthy Sheetal Prasad Gaur And Others Vs. Bhagwandas Decided on 25 April 1994 Law Point: Alleged commission of offences punishable under Secs. 294, 506-B and 500 r/w Sec. 120-A I.P.C. — Filed with ulterior motive of harassing the petitioners — Allegations patently absurd and inherently improbable — […]
Court: Patna High Court Bench: JUSTICE Abhijit Sinha Santosh Kumar Maurya @ Santosh Kumar Vs. State Of Bihar & Anr. Decided on 13 August 2009 Law Point: No specific instances of alleged torture or cruelty with exact date and time as also location furnished — General and bald statement of victim being subjected to torture […]
Court: Andhra Pradesh High Court Bench: JUSTICE C.Y. Somayajulu V. Shankaraiah Vs. State Of A.p. Decided on 11 February 2002 Law Point: Abetment of Suicide : No Averment in Charge Sheet or Material on Record to Show Petitioner Either Induced Deceased to Commit Suicide or Aided Suicide of Deceased : He is not Liable to […]
Court: Rajasthan High Court Bench: JUSTICE S.C. Mital Moka Ram Vs. State Of Rajasthan & Anr. Decided on 2 June 2000 Law Point: Cognizance of offence taken on vague statements recorded By Investigation Officer of the rank of Dy. Superintendent of Police : No Specific Allegation Against Petitioner. JUDGEMENT 1. This petition under Section 482, […]
Court: Punjab and Haryana High Court Bench: JUSTICE Mehinder Singh Sullar Rajneesh & Ors. Vs. State Of Haryana & Ors. Decided on 24 September 2012 Law Point: Complainant has no objection if impugned FIR and all other consequent proceedings arising thereto against petitioners are quashed — Since the compromise is in their welfare and interest, […]
Court: Rajasthan High Court Bench: JUSTICE B.J. Shethna Subhash Sikhwal Vs. State Of Rajasthan Decided on 13 April 2004 Law Point: D.N.A. Test Application: Sensitive Case : In such Type of Matrimonial Cases, Judge cannot Afford to Sit Tight Over Matter for Long Time : Family Court Directed to Decide Application Expeditiously. JUDGEMENT 1. Notice […]
Court: Supreme Court Of India Bench: JUSTICE V.S. Sirpurkar & Cyriac Joseph Vijeta Gajra Vs. State Of Nct Of Delhi on 8 July 2010 Law Point: Appellant was not ‘relative’ in any manner as referred to in Section 498A, IPC – No caseis made out for her prosecution under Section 498A JUDGEMENT 1. Leave granted. […]