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?
Introduction Section 482 of the Code of Criminal Procedure (CrPC) does not provide new powers to the High Court however, it grants inherent powers to the Court to prevent abuse of law. The High Court can exercise its power under Section 482 to quash proceedings even in case of the non-compoundable offences. In a recent […]
There is one line from a Hindi Song that reverberates in my mind each time I see a judgment in which either any High Court or Apex Court has given some guidelines for arresting the misuse of 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya […]
I have watched the feminist reaction after recent SC judgment with the same nonchalance that it deserved. I have heard the same arguments from them time and again, so many times infact, that now it is boring. While the Apex Court had taken a big step forward to curb the misuse, the feminists cry had […]
Finding this one was pure providence. In the Kusum Sharma judgment, the Hon’ble High Court of Delhi had mandated that an affidavit from both parties should accompany all maintenance and divorce cases filed in Delhi. This exhaustive affidavit covers many aspects of a person’s income, education, employment and lifestyle. While delivering this judgment, Justice J […]
354 IPC Assault of criminal force on woman with intent to outrage her modesty (Molestation) (There are many instances where allegations of Molestation or Outrageous Modesty of a woman are lodged against brother-in-law and father-in-law, etc., are levelled along with other sections of marital discord, including 498A. In this article, the author would confine to section […]
Introduction cruelty cases: The Constitution of India, Article 142 gives power to the Supreme Court, to grant justice to the parties where the statute does not provide for a remedy. The Court in such situations can exercise its power under the said provision and it can decide the dispute by exercising its inherent power. Exercise […]
A new provision is proposed to be added in The Bhartiya Nyaya Sanhita, 2023, which is Sexual intercourse by employing deceitful means, etc, in Section 69 of the Sanhita. The said section states – Whoever, by deceitful means or making by a promise to marry a woman without any intention of fulfilling the same, and […]
What is CAW Cell? The Crime Against Women (CAW) Cell is also called Mahila Thana or Parivar Paramarsh Kendra in some states. These are special police units that help settle marriage-related problems, especially those related to dowry harassment (Section 498A IPC or Section 84 BNS) and domestic violence. Their main goal is to help the […]
As per Black’s dictionary, Quashing means “To overthrow; to abate; to vacate; to annul; to make void”. In ordinary law terms, quash would mean stopping and ending criminal proceedings at the charge sheet or the FIR filed stage. Under the scope of the powers of the High Court under section 482 of the Code of […]
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