Important court decisions for 498A, maintenance, domestic violence, custody, divorce and related legal strategy.
Court: Supreme Court of India Bench: JUSTICE Dr. Arijit Pasayat & D.K. Jain Hazarilal Vs. State Of M.P. On 20 June 2007 Law Point: Conviction based merely on surmises and conjectures. There is no other material to show how deceased was being harassed or subjected to cruelty, conclusion of High Court that because deceased committed […]
Court: Delhi High Court Bench: JUSTICE Shiv Narayan Dhingra Shakuntala Vs. State Of Delhi On 26 February 2007 Law Point: Complainant Wife thought of using Sections 406 and 498A, IPC against family members to teach lesson to every body — Court cannot be swayed by feelings of hatred of complainant. Fair and just investigation is […]
Court: Bombay High Court Bench: JUSTICE B.G. Kolse Patil Murlidhar Chintaman Waghmare Vs. Pratibha Murlidhar Waghmare And Another Law Point: Wife’s suit for maintenance under Hindu Adoptions and Maintenance Act was dismissed on merits. Her subsequent application under Section 125 Cr.PC liable to be dismissed. JUDGEMENT 1. This is a Criminal Application filed by the […]
Court: Supreme Court of India Bench: JUSTICE J.B. Garg Preeti Gupta & Anr. Vs. State Of Jharkhand & Anr. On 13 August 2010 Law Point: Quashing of Complaint — Criminal Breach of Trust, Wrongful Restraint, Hurt, Criminal Conspiracy, Cruelty, Dowry Demand — No specific allegations against appellants, i.e. sister-in-law, her husband, married brother-in-law of complainant, […]
Court: Gauhati High Court Bench: JUSTICE U.B. Saha Mrinal Kanti Roy Barman & Anr. Vs. State Of Tripura On 7 September 2009 Law Point: Section 498a – Insufficient evidence to prove cruelty and demand of dowry — Conviction unsustainable. Mere allegation not enough to prove guilt in criminal case. JUDGEMENT 1. The […]
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