Practical legal writing on 498A, matrimonial disputes, criminal allegations, maintenance, custody and Indian court procedure.
A husband died by suicide after his wife left the matrimonial home, filed an FIR and initiated maintenance proceedings, while his suicide note blamed her family. But can even an allegedly false matrimonial FIR make the wife’s family guilty of abetment when there was no instigation or intentional aid?
SECTIONS STAGES 154 REGISTRATION FOR FIR UNDER COGNIZABLE OFFENCE 157 COMMENCEMENT OF INVESTIGATION 167 REMAND (NOT NECESSARY IN ALL CASES) 173 (2) FILLING OF CHARGE SHEET BEFORE COURT (MOSTLY MAGISTRATE COURT) 173 (2) 190 (1) b MAGISTRATE TAKES COGNIZANCE OF CASE 190 (1) (b) 204 ISSUANCE OF SUMMONS/WARRANTS TO ACCUSED 207 SUPPLY COPY OF POLICE […]
Introduction The High Court of Punjab and Haryana (High Court) imposed fine on two women recently in two separate cases. Wives have settled the matrimonial disputes with their husbands wherein they also accepted permanent alimony after divorce. The dispute between the spouses got settled however, women refused to cooperate during quashing of criminal cases against […]
Introduction Recently, the Punjab and Haryana High Court passed a fantastic decision of wherein it has taken a very balanced stand. The High Court took a stern step against the woman litigant for misusing the process of law to harass her husband. In this case, the Court pointed out that Section 498A of the Indian […]
Introduction Section 482 of the Code of Criminal Procedure gives very wide powers to the High Court to exercise it for securing the ends of justice. This provision gives inherent powers to the High Court that can be exercised to prevent the abuse of law. Vikas Bohat v. State of NCT of Delhi [CRL.M.C. 6927/2022]: […]
Introduction The Supreme Court of India (Apex Court) has recently imposed a cost of Rs. Five Lakhs on a woman’s father for lodging false cases under Section 498A of the Indian Penal Code (IPC) at different cities/ States against the husband with the sole purpose to harass him. Parteek Bansal v. State of Rajasthan & […]
Marital Rape – Marriage, Sex and My Choice Marital Rape is defined as an act of sexual intercourse with one’s spouse without the consent of the other spouse. It is quite a recent phenomenon that has caught the Western world’s fancy. Till the 1970s, very few countries considered marital Rape as a crime, and now talks […]
What is LOC or Look Out Circular? Look out, circular (LOC) has no perfect legal definition. It is more of a medium by which authorities worldwide issue a different kind of circular letter to check whether any law enforcement agency in the country wants a travelling person. The world over, such circulars are known by […]
Live in Relationship in India: Indian Society, which prides itself on ‘sanskar’ and ‘family’, is undergoing a metamorphosis in the Twenty-First Century. The Familial bonds are weakening. Also, many people stay away from their families in cities, mini-metros, and metros. These people staying as singles get into relationships more often than any other generation and have started a trend of […]
Maintenance To Senior Citizens Indian law requires a non-disabled person who has means to maintain and support their parents, which include biological, step-parents and adoptive parents, in a similar manner that a person has to keep his wife and children. However, a special law was enacted for senior citizens – The Maintenance and Welfare Of […]
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