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
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 […]
Court: Punjab-Haryana High Court Sh. Brijinder Bir Singh vs Mst. Vinod Alias Parminder on 6 May, 1994 Equivalent citations: AIR 1995 P H 42, I (1995) DMC 334 Law Point: Misrepresentation in matrimonial advertisement Bench: N Sodhi JUDGMENT 1. This first appeal is directed against the judgment and decree dated August 23, 1991 passed by […]
The principles of agency are not applicable on The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, referred as SHWW Act hereafter. Which means that SHWW Act doesn’t impose any statutory, criminal as well as civil, liability on the employer for the acts of sexual harassment by employees. As a rule, […]
Court: SUPREME COURT OF INDIA Bench: JUSTICE Arun Mishra & Mohan M. Shantanagoudar Varala Bharath Kumar And Another Vs. State Of Telangana And Another On 5 September 2017 Law Point: Wife is only citing incidents of unhappiness with her husband, no useful purpose will be served in continuing prosecution against Husband. There is a total […]
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 […]
Court: Allahabad High Court Bench: JUSTICE R Misra, K Murari Smt. Sadhana Srivastava Vs Sri Arvind Kumar Srivastava on 6 September, 2005 Law Point: Wife had been in the habit of keeping the husband under mental torture either by teasing his parents or spreading frivolous stories in the family which amounted to cruelty. JUDGEMENT 1. […]
Court: DELHI HIGH COURT Bench: JUSTICE P.S. Teji Satish Kumar Bhatia Vs. State On 30 March 2017 Law Point: No proof to say that deceased Wife was harassed or meted with cruelty for or in connection with demand of dowry. Husband Acquitted. JUDGEMENT The present appeal has been filed under Section 374, Cr.P.C. against judgment […]
Court:PUNJAB AND HARYANA HIGH COURT Bench: JUSTICE S.D. Anand ROMESH SHARMA Vs. PREM KUMAR SHARMA On 5 May 2009 Law Point: Wife is staying away from matrimonial house without any reasonable cause. She is not at all proved to be willing to resume cohabitation. Petition for divorce of Husband allowed. JUDGEMENT Parmanand Mishra, the husband […]
Court: Madhya Pradesh High Court Bench: JUSTICE J.B. Garg PARMANAND MISHRA Vs. REKHA MISHRA On 13 May 1994 Law Point: Defence documents May Be Examined At Preliminary Stage, If Needed. Under Section 482 CrPC the court is free to consider material that may be produced on behalf of the accused to arrive at a decision […]