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:Delhi High Court Bench: JUSTICE Siddharth Mridul Chetan Kapoor @ Vikas Vs. State on 11 September 2015 Law Point: Proceedings under Secs. 498A/406 IPC are not meant for recovery of stridhan. Applicant cannot be denied bail. JUDGEMENT 1. The present is an application under Section 438 of the Code of Criminal Procedure, […]
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:Calcutta High Court Bench: JUSTICE A K Basu, K Mukherjee Bipul Ranjan Paul vs State Of West Bengal On 15 March 2007 Law Point: Criminal- Dowry- Homicidal death- Section 498A, 304B and 306 of Indian penal Code, 18660- Appellant convicted for setting ablaze his wife over demand of dowry- Hence the instant appeal- Whether the […]
Court: High Court Of Allahabad Bench: JUSTICE Harsh Kumar Priyanka Kulshrestha Vs. State of U.P. and Ors. On 09 February 2017 Law Point: Section 498 – No evidence on record to prove that complainant suffered from any mental and physical cruelty in the hands of accused – Accused rightly acquitted. 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: Supreme Court Of India Bench: JUSTICES Sudhansu Jyoti Mukhopadhaya & Kurian Joseph Swapnil And Others Vs. State Of M.P. On 9 May 2014 Law Point: Allegations are vague and bereft of details as to place and time of incident — Second respondent-wife living separately since April, 2011 — No question of any beating by […]
Court: Supreme Court Of India Bench: JUSTICE Jagdish Singh Khehar & N.V. Ramana Ram Saran Varshney And Others Vs. State Of U.P. and Another On 5 February 2016 Law Point: No clear allegations have been leveled by Wife against any of her sister in laws. Visits by sister in laws cannot be treated as occasions […]
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: Supreme Court Of India Bench: JUSTICE J.B. Garg Kantilal Martaji Pandor Vs. State Of Gujarat & Anr. Law Point: Section 498A Explanations (a), (b) — Cruelty — Scope and ambit of provision — Clause (b) is not attracted as there was no harassment by husband with a view to coercing her to meet any […]
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 […]