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: Calcutta High Court Bench: JUSTICES Joymalya Bagchi, J. & Rajarshi Bharadwaj Gobinda Das Vs State Of West Bengal On 3 January 2018 Law Point: Indian Penal Code, 1860 — Sections 306, 498A — Evidence Act, 1872 — Section 113A — Abetment of suicide — Cruelty — Presumption — Death of deceased by sustaining burn […]
Court:Madhya Pradesh High Court Bench: JUSTICES S.K. Kulshrestha and Mr. Ashok Kumar Tiwari Ramgopal Vs State Of M.P. & Ors On 27 October 2005 Law Point: Indian Penal Code, 1860 — Sections 306, 304-B and 498-A — Abetment of Suicide, Dowry Death, Cruelty — Revision against acquittal — Court would interfere where there is miscarriage […]
Court: Orissa High Court Bench: JUSTICE M. Papanna Nilu @ Pratap Kumar Mohaptra Vs. State Of Orissa On 16 January 2004 Law Point: Sections 498-A, 304B, 201/34 — Quashing of Order : Cruelty, dowry death, disappearance of evidence, common intention : Appreciation of material on record : Involvement of petitioner in complicity of crime not […]
Court: DELHI HIGH COURT Bench: JUSTICE Veena Birbal Vinod Kumar Arora Vs. State On 16 May 2014 Law Point: Sections 304B, 498A – no demand of dowry was ever raised by the appellant and his other family members — wife only stated that her father was not happy with the marriage, allegations of dowry demand […]
Court: Supreme Court of India Bench: JUSTICES K.T. Thomas, S.N. Variava Mungeshwar Prasad Chaurasia & Anr. Vs. State Of Bihar On 13 September 2001 Law Point: Dowry Death, Disappearance of Evidence, Common Intention, Cruelty: Appellants, Parents of Husband did not Harass Deceased or Demanded Dowry Soon Before Her Death : Said Act can be Attributed […]
Court: Supreme Court Of India Bench: JUSTICES K.S. Radhakrishnan & Vikramajit Sen Mangat Ram Vs. State Of Haryana On 27 March 2014 Law Point: Sections 306, 498A — Evidence Act, 1872 — Section 113A — Abetment of Suicide — Cruelty — Dowry demand — Presumption — Death of deceased was accidental as she was suffering […]
Court: Calcutta High Court Bench: JUSTICE Dibvendu Bhusan Dutta Ajoy KR. Ghosh Vs. Smt. Kajal Ghosh & Anr. On 16 March 1998 Law Point: Sections 406 – There was neither any demand from side of complainant for return of her Stridhan properties nor any refusal on part of petitioners to return them — Absence of […]
Court:Supreme Court of India Bench: JUSTICE N. Santosh Hegde & B.P. Singh Lella Srinivasa Rao Vs. State Of Andhra Pradesh On 26 February 2004 Law Point: Abetment of Suicide, Cruelty : Inconsistency between two dying declarations : High Court gave acquittal under Section 306, IPC : Witnesses declared hostile by prosecution : Prosecution failed to […]
Court: Supreme Court Of India Bench: JUSTICE A.K. Patnaik & Sudhansu Jyoti Mukhopadhaya Bharat Bhushan & Anr. Vs. State Of M.P. On 12 March 2013 Law Point: Unless it is established that appellants committed some act of cruelty or harassment towards a woman, they cannot be held guilty of offences under Sections 304B and 498A, […]
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 […]