Important court decisions for 498A, maintenance, domestic violence, custody, divorce and related legal strategy.
Court: Madhya Pradesh High Court Bench: JUSTICE Vimla Jain State Of Madhya Pradesh Vs. Dulichandra & Anr. On 01 February 2012 Law Point: Vague allegations of cruelty against Husband. Absence of direct and clinching evidence against Husband in respect of cruelty under Section 498A, IPC to victim. Failure of prosecution to establish guilt beyond reasonable […]
Court: Allahabad High Court Bench: JUSTICE Sunil Hali Umesh @ Banti & Ors. Vs. State Of U.p. & Anr. On 31.8.2012 Law Point: Allegations made in FIR are so absurd and inherently improbable on basis of which it is not possible to proceed against accused person. Criminal proceedings quashed. JUDGEMENT 1. Process under Sections 498A, […]
Court: Chhattisgarh High Court Bench: JUSTICE Dr. I.M. Quddusi & G. Minhaj Geeta Bareth Vs. Keshav Prasad Bareth On 10 May 2012 Law Point: There is bar of filing appeal against order passed under Chapter IX of Cr.P.C. — In view of specific bar of appeal and fact that order challenged in this appeal has […]
Court: Andhra Pradesh High Court Bench: JUSTICE L. Narasimha Reddy Bandakuri Parvathi Vs. Bandakuri Vijaya Kumar & Anr. On 11 February 2003 Law Point: Difference between wife and husband cannot be branded as cruelty as defined in Explanation to Section 498A, Indian Penal Code : Ingredients not even alleged, much less proved : Order of […]
Court: Uttranchal High Court Bench: JUSTICE J.C.S. Rawat Surendra Singh Vs. Shakuntala Devi & Ors. On 8 June 2006 Law Point: Effective date of payment for maintenance, Date of order in normal circumstances however, in extraordinary circumstances it may be ordered to be paid from date of application. Court below gave no reason for allowing […]
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