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: JUSTICES S. Ratnavel Pandian And K. Jayachandra Reddy Akula Ravinder and others Vs. The State of Andhra Pradesh On 11 January 1991. Law Point: Sections 498A, 302, 201 and 304B – In a case of this nature where the prosecution has failed to establish that it was an unnatural […]
Court: Delhi High Court Bench: JUSTICE R.S. Sodhi Bhawani Devi & Anr. Vs. State On 25 July 2005 Law Point: Section 498A read with Section 34, Section 304B read with Section 34 — Cruelty, Dowry Death, Common Intention : No iota of evidence to show either mother-in-law or sister-in-law treated deceased with cruelty or had […]
Court: Madras High Court Bench: JUSTICE N. Sathish Kumar State Vs. Palavesham @ Ranjith & Ors. On 10 July 2017 Law Point: Sections 304B, 498A, 34 — Benefit of Doubt — Suicide committed by deceased within 7 months of marriage — None of the letters written by deceased indicate even slightest doubt about alleged dowry […]
Court: Orissa High Court Bench: JUSTICE S.K. Sahoo State Of Odisha Vs. Kumuda Chandra Chinara & Ors. On 8 January 2018 Law Point: Sections 304B, 498A, 34 — Appeal against acquittal — Dowry death — Cruelty — Common intention — No direct evidence on record to show respondents were subjecting deceased to cruelty demanding dowry […]
Court: Supreme Court Of India Bench: JUSTICE J. Chelameswar & A.K. Sikri Ramaiah @ Rama Vs. State Of Karnataka On 7 August 2014 Law Point: Sections 304B, 498A – No explanation for delay in lodging FIR — No suitable justification given by High Court for overturning verdict of acquittal of trial Court — Judgment of […]
Court: Allahabad High Court Bench: JUSTICE Rekha Dikshit Awadhesh Awasthi Vs. State Of U.P. On 19 February 2018 Law Point: Sections 304B, 498A — Prosecution could not prove that deceased was ever subjected to cruelty or harassment by accused appellant which resulted in her death — In absence of proof of such ingredients presumption for […]
Court: Supreme Court Of India Bench: JUSTICE Jagdish Singh Khehar & S.A. Bobde State Of Karnataka Vs. Dattaraj & Ors. On 15 February 2016 Law Point: Sections 498A, 304B, 34-Allegation is inconsequential with respect to provisions under which accused were charged — High Court was fully justified in acquitting brother, father and mother of respondent-husband […]
Court: Bombay High Court Bench: JUSTICE Rohit B. Deo Rajesh Vs. State Of Maharashtra On 15 March 2018 Law Point: Sections 498A, 304-B — Evidence Act, 1872 — Section 113-B — Dowry Prohibition Act, 1961 — Section 2 — Cruelty — Dowry Death — Evidence of witnesses examined to prove cruelty is inconsistent — Marred […]
Court: Supreme Court Of India Bench: JUSTICE Sudhansu Jyoti Mukhopadhaya & V. Gopala Gowda Asha & Anr. Vs. State Of Uttarakhand On 1 November 2013 Law Point: No convincing and cogent evidence produced — Courts below failed to consider relevant fact, viz., appellants were not in house at the time of incident — Judgment and […]
Court: Supreme Court Of India Bench: JUSTICE T.S. Thakur & Adarsh Kumar Goel Monju Roy & Ors. Vs. State Of West Bengal On 17 April 2015 Law Point: Sections 304B, 306, 498A — Dowry Death — Abetment of Suicide — Cruelty — Benefit of Doubt — Omnibus allegations against family members of husband. Conviction and […]