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: 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: High Court Of Uttarakhand Bench: JUSTICE S.K. Gupta Ashutosh Pandey & Ors vs. Smt. Anupama Pandey & Ors. On 11 November 2011 Law Point: Criminal – Section 406- Quashing of proceedings – Prayer sought to quash entire proceedings of criminal complaint case pending before Court – Held, in view of discussion, Court was of […]
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: Uttaranchal High Court Bench: JUSTICE U.C. Dhyani Smt. Darshan Kaur vs Smt Sangeeta on 25 April 2017 Law Point: Applicants, mother in law and sister in law of wife do not come within the definition of shared household and therefore, does not come in a domestic relationship. Proceedings quashed. JUDGEMENT 1. […]
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 […]
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: Supreme Court Of India Bench: JUSTICE T.S. Thakur & Gyan Sudha Misra Geeta Mehrotra & Anr. Vs. State Of U.p. & Anr. On 17 October 2012 Law Point: Quashing of Cognizance Order — General allegation of physical and mental torture in FIR — Mere casual reference of names of appellants in FIR without allegation […]