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 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. […]
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 […]
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: 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 […]
Court: Delhi High Court Bench: JUSTICE Manmohan Manas Acharya Vs. State & Anr. On 29 August 2012 Law Point: Section 498A — Criminal Procedure Code, 1973 — Section 482 — Cruelty — Quashing of FIR — Both parties resolved all their disputes and differences by way an agreement before Mediation Centre — Marriage between petitioner […]