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: JUSTICE Arun Mishra & Mohan M. Shantanagoudar Varala Bharath Kumar And Another Vs. State Of Telangana And Another On 5 September 2017 Law Point: Wife is only citing incidents of unhappiness with her husband, no useful purpose will be served in continuing prosecution against Husband. There is a total […]
Supreme Court of India JUSTICE Dr. Arijit Pasayat & P. Sathasivam Tarakanath Kar Vs. Lipika Kar On 07 May 2008 Law Point: Dispute whether ‘C’ or respondent ‘L’ legally married wife of appellant or was it case of bigamy — Direction for initiation of departmental proceedings by High Court — Improper and invalid — High […]
Court:Delhi High Court Bench: JUSTICE S N Dhingra Kanchan Gulati And Anr. Vs. The State And Ors. On 12 September 2007 Law Point: Section 498A/406/34 – No offence has been committed by any of the petitioners. There are no allegations of cruelty against the petitioners. Criminal law can not be allowed to be used to […]
Court: Andhra Pradesh High Court Bench: JUSTICE U. Durga Prasad Rao Myla Sunitha Priyadarshini Vs. Sho Nandyal Iii Town P.s. And State Of A.P. & Anr. On 13 April 2015 Law Point: Section 498A — Dowry Prohibition Act, 1961 — Sections 3, 4 — Quashing of Proceedings — Cruelty — Dowry Demand — No specific […]
Court: Punjab And Haryana High Court Bench: JUSTICE Bakhshish Kaur Maya Vs. Sudesh Law Point: Sections 498-A, 406 — It is not clear as to when petitioners taunted complainant for not bringing sufficient dowry and gifts — They are living separately and not in same house with complainant — Difficult to make out case of […]
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 […]