Practical legal writing on 498A, matrimonial disputes, criminal allegations, maintenance, custody and Indian court procedure.
Why did a Delhi court discharge a husband’s elder brother from a sexual harassment-related charge made by his sister-in-law? The court examined the four-year delay, earlier litigation, her previous statements and the accused’s official railway duty record before finding that the material did not raise grave suspicion against him.
The Supreme Court quashed a Section 69 BNS FIR after finding that the complaint disclosed a consensual relationship and did not establish that the man had made a promise to marry with no intention of fulfilling it from the outset. The Court clarified that a genuine promise may later remain unfulfilled because of unavoidable circumstances or family opposition, and such a subsequent breach does not automatically establish initial deceit. Section 69 targets deceitful means or a promise to marry made without an intention to fulfil it—not every failed relationship or broken marriage promise.
The Delhi High Court reduced the sentence of a man convicted in a 2009 rape and kidnapping case to the period of about two years and four months already undergone. The Court noted that the complainant, who was 14 at the time while the man was around 18, had his name tattooed on her chest and had travelled with him from Delhi to Manali. The circumstances indicated an “amorous relationship,” but the Court made clear that her minority meant the relationship could not receive legal recognition. It also considered the 17-year passage of time, the man’s clean antecedents and the fact that both had since married other persons. The conviction itself was not overturned.
The Himachal Pradesh High Court reiterated that maintenance obligations cannot ordinarily be avoided merely by pleading unemployment or absence of income when the husband is mentally and physically fit and capable of earning. The principle reflects the courts’ approach that an able-bodied husband must make reasonable efforts to support a wife who is legally entitled to maintenance and a dependent child, subject to their needs, his earning capacity and the facts of the case. Maintenance law under Section 125 CrPC and corresponding Section 144 BNSS provides for maintenance where a person having sufficient means neglects or refuses to maintain an eligible wife or child.
The Kerala High Court held that passport authorities cannot insist on production of a court-issued divorce decree or judicial-separation order merely to delete a former spouse’s name from an existing passport. The Court relied on Section IV of the Passport Information Booklet under Schedule III to the Passports Rules, 1980, which states that divorcees seeking a name change or deletion of a spouse’s name need not produce proof of dissolution of marriage. It further held that an executive office memorandum cannot override statutory rules.
The Himachal Pradesh High Court granted bail to a man accused under Section 69 BNS after noting that both he and the complainant were already married to other persons and neither had obtained a divorce. Since both knew about their respective subsisting marriages, the Court observed that, prima facie, there was “no question of promise to marry.” The Court clarified that these observations were limited to the bail proceedings and were not findings on the merits of the criminal case.
A Jajpur court in Odisha sentenced Mamata Kuanr to life imprisonment for murdering her husband, Atal Kuanr, following a family dispute in 2021. According to the prosecution, she strangled him while he was asleep using a pillow and mobile charger cord. The court also imposed a ₹1 lakh fine, with an additional year of imprisonment in case of default. Two other accused in the case were acquitted due to insufficient evidence.
The Bombay High Court restored a mutual-consent divorce decree after finding that the parties had entered into a settlement and the husband had paid the agreed ₹6.5 lakh amount. The wife subsequently sought to withdraw her consent, but the Court held that after the settlement had been acted upon and its benefits accepted, she could not unilaterally resile from it in the circumstances of the case. The High Court therefore set aside the appellate court’s decision and restored the divorce decree.
The Calcutta High Court quashed Section 498A IPC proceedings against the husband’s parents, finding that the allegations against them were general and lacked specific acts constituting cruelty. The Court observed that merely alleging that the in-laws failed to intervene or prevent their son from allegedly torturing his wife was insufficient to attract criminal liability under Section 498A. Continuing the prosecution against them on such allegations would amount to an abuse of the process of law.
The Punjab & Haryana High Court suggested creating a national-level database to help law-enforcement agencies identify persons who repeatedly file sexual-offence complaints across different States. The observation came while granting bail to a woman accused of participating in an alleged racket involving multiple rape complaints and extortion. The Court highlighted the difficulty police may face in detecting a pattern when complaints are registered in different jurisdictions. The proposal is aimed at helping investigators identify repeat complaints while ensuring that genuine victims continue to receive legal protection.
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