Punjab and Haryana HC’s word of caution to trial courts on dowry complaints
8 years, 5 months ago

Punjab and Haryana HC’s word of caution to trial courts on dowry complaints

Hindustan Times  

It can’t be forgotten that there is a tendency to rope in the relatives of the husband in a matrimonial dispute, the Punjab and Haryana high court has said, cautioning the magistrates that they were required to scrutinise the evidence and ask questions to the complainant and the witnesses to find out the truth. The high court bench of justice Anita Chaudhary said by merely on “conjectures and implications”, the relatives of a husband, can’t be said to be involved for the offence of demand or misappropriation of dowry articles. “The allegations against the petitioners are vague, omnibus and general in nature and appear to have been made out of frustration just to widen the net and continuation of proceedings against the petitioners on the basis of such bald and baseless allegations is nothing but an abuse of process of law,” the high court bench said cancelling summoning order against them. The court also said that gifts given at the time of marriage to these persons were not dowry items and actually were “customary gifts” given at the time of marriage and can’t be said to be “istridhan” of the complainant The complainant had alleged that sufficient dowry was given in the marriage but the accused were not satisfied and maltreat ed her.

Court  husband  caution  petitioners  word  high  punjab  courts  marriage  given  cant  hcs  court  summoning  dowry  trial  complaints  allegations  haryana

History of this topic

In-Laws Who Tortured Daughter-In-Law Cannot Walk Away Scot-Free Even If Charge For Demanding Dowry Is Dropped In Chargesheet: Karnataka HC
1 week, 2 days ago

In-Laws Who Tortured Daughter-In-Law Cannot Walk Away Scot-Free Even If Charge For Demanding Dowry Is Dropped In Chargesheet: Karnataka HC

Live Law  

The Karnataka High Court has refused to quash a criminal case against the in-laws of a woman who had tortured her. This being the observation in the summary of the charge sheet, merely because the offences under the Dowry Prohibition Act is dropped, it would not mean that mother-in-law and father-in-law, who have tortured the daughter-in-law, could walk away scot-free.” …

Rajasthan HC rejects plea of man seeking to have live-in relationship with his own sister
2 weeks, 2 days ago

Rajasthan HC rejects plea of man seeking to have live-in relationship with his own sister

Op India  

A bizarre case came up for hearing before the Rajasthan High Court in which a man claiming to be in a live-in relationship with his sister filed a habeas corpus petition alleging that his sister was detained by her in-laws. Maybe the offence of adultery is not attracted against a woman, but the very purpose of conferring high prerogative writs …

[SC/ST Act] Victim Belonging SC/ST Community Not Sufficient To Attract Offence Without Intention To Humiliate Due To Caste Identity: P&H High Court
2 weeks, 2 days ago

[SC/ST Act] Victim Belonging SC/ST Community Not Sufficient To Attract Offence Without Intention To Humiliate Due To Caste Identity: P&H High Court

Live Law  

The Punjab & Haryana High Court has set aside charges framed under the Scheduled Caste and Scheduled Tribes Act, observing that the offence cannot be attracted merely on the ground that the victim belongs to the SC/ST community without intention to humiliate him due to his caste. Justice Harpreet Singh Brar said, "merely the fact that the victim belongs to …

Punjab & Haryana HC Upholds Husband's Divorce Decree Against Wife Who Forced Him To Live Separately From His Parents
3 weeks, 1 day ago

Punjab & Haryana HC Upholds Husband's Divorce Decree Against Wife Who Forced Him To Live Separately From His Parents

Live Law  

The Punjab & Haryana High Court upheld the divorce decree granted to the husband against wife for committing cruelty on the ground that she insulted and pressurised her husband to get separated from his family. The Family Court had granted divorce on the ground that the wife had committed cruelty against husband by pressurizing him to get separated from his …

Mere Demand For Dowry Not Offence U/S 498A IPC, Simpliciter Allegation Of Intimidation Not Harassment: Delhi High Court
1 month, 1 week ago

Mere Demand For Dowry Not Offence U/S 498A IPC, Simpliciter Allegation Of Intimidation Not Harassment: Delhi High Court

Live Law  

The Delhi High Court has said that mere demand for dowry is no offence under Section 498A of Indian Penal Code, 1860, and simpliciter allegation of intimidation does not constitute harassment.Justice Amit Mahajan made the observation while quashing an FIR registered by a wife against the relatives of the husband. The Delhi High Court has said that mere demand for …

S.498A IPC | When Family Relations Are Sought To Be Brought Under Criminal Proceedings, Courts Should Be Cautious : Supreme Court
1 month, 2 weeks ago

S.498A IPC | When Family Relations Are Sought To Be Brought Under Criminal Proceedings, Courts Should Be Cautious : Supreme Court

Live Law  

The Supreme Court, while quashing criminal charges of cruelty, dowry demand and domestic violence against the present appellants, highlighted that invoking criminal laws in domestic disputes without specific allegations and credible materials may have disastrous consequences for families. Thus, when family relationships are sought to be brought within the ambit of criminal proceedings rupturing the family bond, courts should be …

Murder for dowry: Bareilly court awards death to husband, in-laws
1 month, 2 weeks ago

Murder for dowry: Bareilly court awards death to husband, in-laws

Hindustan Times  

The additional district and sessions judge of Uttar Pradesh’s Bareilly district court on Thursday awarded death sentence to a man and his parents after they were found guilty of his wife’s murder for dowry. The court said if in such cases leniency was adopted, it would lead to spurt in dowry killings. Farah was allegedly hacked to death by her …

Not Justified To Summon Additional Accused For Offence Not Related To Trial: Punjab & Haryana HC Sets Aside Summons In POCSO Case
1 month, 2 weeks ago

Not Justified To Summon Additional Accused For Offence Not Related To Trial: Punjab & Haryana HC Sets Aside Summons In POCSO Case

Live Law  

The Punjab & Haryana High Court quashed the summoning order against a wrestling coach in a POCSO case, observing that the allegations levelled against him were not related to the trial in which he was summoned. Justice Amarjot Bhatti said, "For summoning of additional accused under Section 319 Cr.P.C., the Court is required to look into the form of evidence …

Unfortunate That Age-Old Menace Of Dowry Death Still Exists In Society: Karnataka HC Declines To Quash Case Against Husband, In-Laws
1 month, 3 weeks ago

Unfortunate That Age-Old Menace Of Dowry Death Still Exists In Society: Karnataka HC Declines To Quash Case Against Husband, In-Laws

Live Law  

The Karnataka High Court has held that merely because the deceased had scribed that no one is responsible in the death note, a court, while relying on the same, cannot quash the proceedings initiated against husband and in-laws for charges of cruelty and dowry death. The bench said “It is rather unfortunate that the age-old menace of dowry death still …

Ludhiana: Man, parents booked for dowry harassment
2 months ago

Ludhiana: Man, parents booked for dowry harassment

Hindustan Times  

A man and his parents have been booked on charges of dowry harassment and causing multiple miscarriages without the consent of his wife. An FIR has been registered under Sections 3 and 4 of the Dowry Prohibition Act, 1961, along with Sections 120B, 313, 376, 498A, and 506 of the IPC. The case, initially registered at Khanpur police station in …

Holding Multiple Inquiries On Same Allegations Amount To Violation Of Article 21: Punjab & Haryana High Court
2 months, 3 weeks ago

Holding Multiple Inquiries On Same Allegations Amount To Violation Of Article 21: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court granted anticipatory bail in fraud and Prevention of Corruption Act case to a Junior Engineer posted in Municipal Council Khanna, accused for committing embezzlement of Rs. Justice Sandeep Moudgil said, "multiple inquires on same set of allegations would amount to violation of Article 21 of the Constitution of India added with the fact that …

Delhi HC summons woman to verify man's claim of consensual marriage
3 months, 1 week ago

Delhi HC summons woman to verify man's claim of consensual marriage

Hindustan Times  

New Delhi, The Delhi High Court has directed a woman to appear in person to verify whether her marriage with a man was consensual or not. Delhi HC summons woman to verify man's claim of consensual marriage When the woman appeared before the bench of Justices Pratibha M Singh and Amit Sharma through video-conferencing, her video was not switched on …

Husband, In-Laws 'Falsely Implicated' By Wife In View Of Matrimonial Dispute Between Parties: Madhya Pradesh HC Quashes Rape, Dowry FIR
3 months, 1 week ago

Husband, In-Laws 'Falsely Implicated' By Wife In View Of Matrimonial Dispute Between Parties: Madhya Pradesh HC Quashes Rape, Dowry FIR

Live Law  

While quashing a rape and dowry FIR against a husband and his kin, the Indore Bench of the Madhya Pradesh High Court said that the petitioner and his family members were "falsely implicated", adding that the lodging of the FIR at the wife's instance appeared to be an act of "wreaking vengeance". The court said this after noting that there …

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand
Trending News
3 months, 1 week ago

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand

Live Law  

The Calcutta High Court has quashed a case for abetment of suicide against a man who was accused of abetting his wife's suicide after 15 years of marriage, over the demand of dowry. In quashing the case against the accused, the court noted: "It appears from the record that the sister of defacto complaint/opposite party no.2 committed suicide after 14 …

S.175 BNSS | Magistrate Can't Order Registration Of FIR Like 'Rubber Stamp' Especially In Complaints Arising From Family Disputes: Rajasthan HC
3 months, 1 week ago

S.175 BNSS | Magistrate Can't Order Registration Of FIR Like 'Rubber Stamp' Especially In Complaints Arising From Family Disputes: Rajasthan HC

Live Law  

Rajasthan High Court quashed an FIR filed by the police on directions from the CJM based on a complaint under Section 175, BNSS, calling it a “rubber-stamp decision making” and observing complete judicial oversight on part of the CJM. “Magistrates must also meticulously ascertain the truthfulness and credibility of the allegations, corroborating them with supporting material before taking action Criminal …

Anti-Dowry Law Being Used As Weapon To Unnecessarily Harass Husband: SC Amid Atul Subhash's Suicide
3 months, 1 week ago

Anti-Dowry Law Being Used As Weapon To Unnecessarily Harass Husband: SC Amid Atul Subhash's Suicide

ABP News  

The Supreme Court on Wednesday expressed concern over the misuse of anti-dowry law and said, "It is being used as a weapon to unnecessarily harass the husband and his family". The apex court's statement comes amid outrage over the suicide of a 34-year-old techie, Atul Subhash, over alleged harassment by his wife Nikita Singhania. A bench of Justice BV Nagarathna …

'Married women misusing laws': Supreme Court's big remark after Bengaluru techie dies by suicide
Trending News
3 months, 1 week ago

'Married women misusing laws': Supreme Court's big remark after Bengaluru techie dies by suicide

India TV News  

The Supreme Court on Wednesday expressed concern over the rampant use of cruelty law by married women to harass their husbands and in-laws for selfish interests. The concern from the Supreme Court came amid growing demands for justice for 34-year-old Bengaluru techie Atul Subhash, who died by suicide after accusing his former wife of filing false cases against him to …

Courts must exercise caution in dowry cases to prevent misuse of law: Supreme Court
3 months, 1 week ago

Courts must exercise caution in dowry cases to prevent misuse of law: Supreme Court

India Today  

The Supreme Court on Tuesday said courts must exercise caution in dowry harassment cases to prevent misuse of law and avoid unnecessary trouble to innocent family members observing a tendency to implicate husband's kin. The top court, therefore, said courts must exercise caution in such cases to prevent misuse of legal provisions and the legal process and avoid unnecessary harassment …

SC criticises misuse of anti-dowry legislation for ‘personal vendetta’
3 months, 1 week ago

SC criticises misuse of anti-dowry legislation for ‘personal vendetta’

Hindustan Times  

The Supreme Court on Tuesday strongly criticised the growing misuse of Section 498-A of the Indian Penal Code, commonly known as the anti-dowry law, noting that it is increasingly being exploited to settle “personal vendettas” or exert undue pressure on husbands and their families. The Supreme Court bench highlighted the misuse of the provision, lamenting that exaggerated and unsubstantiated allegations …

Woman Died Within 4 Walls Of In-Laws' Home And Was Cremated Hurriedly: Rajasthan HC Overturns 22-Yr-Old Acquittal In Dowry Death Case
3 months, 1 week ago

Woman Died Within 4 Walls Of In-Laws' Home And Was Cremated Hurriedly: Rajasthan HC Overturns 22-Yr-Old Acquittal In Dowry Death Case

Live Law  

" This Court also observes that in the instant case, the crime in question took place within the four-walls of the victim's matrimonial house and therefore, in such a circumstance the burden is upon the in-laws who were present in the house to explain the facts and the circumstances under which the incident in question has taken place, by virtue …

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case
3 months, 2 weeks ago

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case

Live Law  

The Punjab & Haryana High Court has quashed the FIR and related proceedings under the Scheduled Castes and the Scheduled Tribes Act, 1989, observing that it was no where mentioned in the FIR lodged by the complainant that accused persons were aware of his caste. These observations were made while hearing the plea to quash the criminal complaint lodged in …

Husband, father-in-law booked for dowry death 2 yrs after woman’s suicide
3 months, 3 weeks ago

Husband, father-in-law booked for dowry death 2 yrs after woman’s suicide

Hindustan Times  

Navi Mumbai: More than one-and-a-half-years after a 29-year-old woman died by suicide at her apartment in Kharghar, police have booked her husband and father-in-law for dowry death following an order issued by the magistrate’s court in Panvel. Husband, father-in-law booked for dowry death 2 yrs after woman’s suicide “I travelled for over 15 hours from Ahmednagar to Panvel for each …

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts
3 months, 3 weeks ago

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts

Live Law  

The Supreme Court has sounded a word of caution to the Courts to ensure that distant relatives of a husband are not unnecessarily implicated in criminal cases filed at the instance of wife alleging domestic cruelty under Section 498A of the Indian Penal Code.A bench comprising Justice CT Ravikumar and Justice Rajesh Bindal made this observation while quashing the criminal …

‘Even acquittal can’t erase scars’: SC slams misuse of dowry laws
3 months, 3 weeks ago

‘Even acquittal can’t erase scars’: SC slams misuse of dowry laws

Hindustan Times  

The Supreme Court on Tuesday cautioned courts against the indiscriminate prosecution of a husband’s relatives in dowry harassment cases, rueing the growing tendency to implicate entire families in domestic disputes. “We have no hesitation to hold that the said observation of this court is in fact, sounding of a caution, against non-discharge of the duty to see whether implication of …

CRPC | Magistrate Need Not Pass Detailed Order At Process Issuance Stage, Application Of Mind Is Crucial: J&K High Court
4 months, 1 week ago

CRPC | Magistrate Need Not Pass Detailed Order At Process Issuance Stage, Application Of Mind Is Crucial: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that while a formal or reasoned order is not mandatory when a Magistrate issues a process under Sections 190/204 of the Criminal Procedure Code, it is crucial that the Magistrate's order shows an indication of thoughtful consideration of the matter. The Court observed that while there is no requirement for …

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order
5 months ago

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order

News 18  

The Supreme Court has quashed a case filed against a man for rape on false promise of marriage. The court found that there was a huge irregularity between the statements of the complainant that the accused ‘established physical relationship with her without her consent’ and ‘started living with her as her husband’. The bench also noted that it was evident …

‘Marriage Can’t Survive False Criminal Charges’: Allahabad HC Dissolves Marriage Over Fake Dowry Charges
6 months, 2 weeks ago

‘Marriage Can’t Survive False Criminal Charges’: Allahabad HC Dissolves Marriage Over Fake Dowry Charges

News 18  

The Allahabad High Court recently observed that no male or female spouse can be expected to continue in a marital relationship at the risk of malicious criminal prosecution as it dissolved the marriage between a couple. The court noted that in the case at hand, the wife had lodged a criminal complaint against her husband and his family members, accusing …

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC
7 months, 2 weeks ago

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC

Live Law  

The Bombay High Court recently held that merely because the complaint states that the in-laws supported the husband in subjecting her to cruelty would not mean that they have committed the offence punishable under Section 498A of the IPC.A division bench of Justices Bharati Dangre and Manjusha Deshpande quashed a case of cruelty against four members of a family, all …

HC quashes dowry harassment case against sister-in-law, upholds charges against mother-in-law
8 months, 3 weeks ago

HC quashes dowry harassment case against sister-in-law, upholds charges against mother-in-law

Hindustan Times  

MUMBAI: The Bombay high court recently quashed charges against a sister-in-law, accused of dowry harassment and cruelty, while holding the victim’s mother-in-law responsible for playing a significant role in making repeated demands for money and subjecting the victim to physical harassment. The victim, who married into the Yadav family on May 5, 1996, in Mumbai, claimed that her husband and …

Giving Dowry An Offence But Bride & Family Admittedly Defy This Law And Go Unpunished Because Of Bar In Law, Alarming: Allahabad High Court
9 months, 3 weeks ago

Giving Dowry An Offence But Bride & Family Admittedly Defy This Law And Go Unpunished Because Of Bar In Law, Alarming: Allahabad High Court

Live Law  

In a recent judgment, the Allahabad High Court has elucidated on provisions of the Dowry Prohibition Act, 1961 and the Uttar Pradesh Dowry Prohibition Rules, 1999 and observed that groom and his family are being prosecuted under Section 3 of the Dowry Prohibition Act, 1961 merely based on the statements made by the bride and her family. Prima facie, this …

Brunt Of Married Man's "Illicit Relationship" With Another Woman Falls On His Wife, Children: Punjab & Haryana High Court Imposes Cost
1 year, 5 months ago

Brunt Of Married Man's "Illicit Relationship" With Another Woman Falls On His Wife, Children: Punjab & Haryana High Court Imposes Cost

Live Law  

The Punjab and Haryana High Court recently expressed reservations over a married man living with a divorced woman, stating that the brunt of their "illicit relationship" had befallen on the man's wife and children.It dismissed the couple's protection plea against the man's wife stating that it's a mere "cover up" and directed them to pay cost of Rs. The Punjab …

Making False Allegations Of Dowry Harassment Or Rape Against Husband’s Family Members Is An Act Of Extremely Cruelty: Delhi High Court
1 year, 6 months ago

Making False Allegations Of Dowry Harassment Or Rape Against Husband’s Family Members Is An Act Of Extremely Cruelty: Delhi High Court

Live Law  

The Delhi High Court has observed that making false allegations of dowry harassment or rape against the husband’s family members is an act of extreme cruelty for which there can be no condonation. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld a family court order which held a husband as entitled to divorce from …

Should Runaway Girl, Married Against Parents' Wishes Be Prohibited From Raising Harassment, Dowry Demand Complaint? Punjab & Haryana HC Asks
1 year, 7 months ago

Should Runaway Girl, Married Against Parents' Wishes Be Prohibited From Raising Harassment, Dowry Demand Complaint? Punjab & Haryana HC Asks

Live Law  

Recently, the Punjab & Haryana High Court said it needs to consider whether a runaway girl, married against the wishes of her parents, should be prohibited from raising any complaints of harassment for dowry demand.The bench of Justice Alok Jain said, “.question needs to be posed as to whether the girl, who has run away from her house and got …

Man, kin booked for enslaving wife, cruelty
1 year, 10 months ago

Man, kin booked for enslaving wife, cruelty

Deccan Chronicle  

Hyderabad: On a complaint from a 35-year-old woman, who alleged she was physically confined, assaulted and mentally harassed by her husband and in-laws, the police booked her husband and four others of his family under sections of cruelty and dowry harassment, among others. “My husband Rajesh Agarwal, father in-law Purushottam Das Agarwal and mother in-law Krishna Agrawal, had, at the …

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’
1 year, 11 months ago

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’

Live Law  

Quashing a rape case on the basis of compromise between the accused and complainant, the Punjab and Haryana High Court said their married life cannot be disturbed for the sake of trial in the FIR. to prevent abuse of the process of any court or to secure the ends of justice.’ In the case in hand the petitioner and respondent …

498A IPC: Karnataka High Court Quashes Criminal Case Accusing Sister-in-Law Of Harassment, Says Omnibus Allegations Made
2 years, 1 month ago

498A IPC: Karnataka High Court Quashes Criminal Case Accusing Sister-in-Law Of Harassment, Says Omnibus Allegations Made

Live Law  

The Karnataka High Court has quashed a criminal case where "omnibus allegations" of physical and mental harassment were made by a woman against her sister-in-law. A single judge bench of Justice Mohammad Nawaz allowed the petition filed by a woman who was chargesheeted along with other accused under sections 498-A, 323, 504 read with Section 149 IPC. The court said, …

Punjab & Haryana HC Denies Bail To Gurgaon Woman Who Filed 9 FIRs Against Different Men Alleging Sexual Offences
2 years, 3 months ago

Punjab & Haryana HC Denies Bail To Gurgaon Woman Who Filed 9 FIRs Against Different Men Alleging Sexual Offences

Live Law  

The Punjab and Haryana High Court has denied bail to a Gurgaon woman who lodged 9 FIRs within a span of around 14 months accusing different boys of committing sexual offences with her, purportedly to extort money from them. A single bench of Justice Ashok Kumar Verma was informed that in 3 cases, proceedings under Section 182 of IPC were …

Inter-Caste Marriage : Supreme Court Quashes Non-Bailable Warrants Issued Against Dalit Man In A Case Alleging Abduction Of Wife
2 years, 6 months ago

Inter-Caste Marriage : Supreme Court Quashes Non-Bailable Warrants Issued Against Dalit Man In A Case Alleging Abduction Of Wife

Live Law  

The Supreme Court last week granted pre-arrest bail and quashed non-bailable warrants issued against a man belonging to the Dalit community, who was accused of kidnapping and forcibly marrying an upper caste woman. The Court was considering an SLP challenging the judgment of the High Court of Jharkhand dated March 22, which dismissed the petitioner's plea against non-bailable warrants against …

Wife Living Separately Commits Suicide In Parental House: Karnataka High Refuses To Quash Dowry Death Case Against Husband Citing Disputed Facts
2 years, 8 months ago

Wife Living Separately Commits Suicide In Parental House: Karnataka High Refuses To Quash Dowry Death Case Against Husband Citing Disputed Facts

Live Law  

The Karnataka High Court has dismissed a petition filed by a husband seeking to quash a case of dowry death registered against him under Sections 304B and 498A of IPC, after his wife, living separately since over two years, committed suicide in her parental house. A single judge bench of Justice M Nagaprasanna while dismissing the petition filed by one …

[Matrimonial Disputes] Allowing Fabricated Omnibus Allegations Against Entire Family May Lead To Further Misuse Of Process Of Law: Delhi High Court
2 years, 8 months ago

[Matrimonial Disputes] Allowing Fabricated Omnibus Allegations Against Entire Family May Lead To Further Misuse Of Process Of Law: Delhi High Court

Live Law  

The Delhi High Court has observed that allowing fabricated allegations against the entire family in matrimonial disputes may lead to further misuse of process of law. "If false implication by fabricated omnibus allegations against entire family in the course of matrimonial disputes and differences, is allowed, it may lead to further misuse of the process of law and assume serious. …

Punjab & Haryana HC Denies Anticipatory Bail To Father Allegedly Conniving With Son Who Married Multiple Times Without Divorcing Disabled Spouse
2 years, 9 months ago

Punjab & Haryana HC Denies Anticipatory Bail To Father Allegedly Conniving With Son Who Married Multiple Times Without Divorcing Disabled Spouse

Live Law  

The Punjab and Haryana High Court while denying anticipatory bail to the father in a case where he was allegedly acting in connivance with his son who solemnized various marriages without getting divorce from his disabled spouse, held that in view of the seriousness of the allegation and to unravel the truth, the custodial interrogation of the petitioner is necessary. …

‘Better to die together’: Suicide note paints grim picture of torture on Rajasthan sisters
2 years, 9 months ago

‘Better to die together’: Suicide note paints grim picture of torture on Rajasthan sisters

Hindustan Times  

The three sisters married to three brothers were firm in their unfortunate resolve. “It wasn’t the first time she was beaten.” “Had we lodged a police complaint, my daughters would have been alive.” The sisters’ father is a landless labourer who has six daughters and a son. Santosh Meena’s husband had died almost two decades ago in an accident, and …

Veracity Of Allegations To Be Evaluated By Trial Court: Punjab & Haryana High Court Grants Bail To Man Accused Of Poisoning Partner
2 years, 10 months ago

Veracity Of Allegations To Be Evaluated By Trial Court: Punjab & Haryana High Court Grants Bail To Man Accused Of Poisoning Partner

Live Law  

Punjab and Haryana High Court while dealing with a petition filed under Section 439 CrPC by a man accused of poisoning the deceased-complainant with whom he was in a relationship, granted bail on the ground that it was a "consensual relationship" and as the investigation stands completed, the veracity of these allegations would be evaluated by the trial Court only. …

S.482 CrPC | Criminal Proceedings Can't Be Quashed If Specific Accusations Made Against Accused, Can't Conduct Roving Inquiry: Andhra Pradesh HC
2 years, 10 months ago

S.482 CrPC | Criminal Proceedings Can't Be Quashed If Specific Accusations Made Against Accused, Can't Conduct Roving Inquiry: Andhra Pradesh HC

Live Law  

The Andhra Pradesh high Court reiterated that when there are specific accusations in the FIR, charge sheet and witness statement to police, the court does not have the jurisdiction to embark upon appreciation of material in a petition under Section 482 of CrPC. Justice K. Sreenivasa Reddy observed: "Prima facie when an accusation has been made, this Court would not …

At The Stage Of Framing Of Charges, Possibility Of Accused Person's Acquittal Not To Considered, Rather It Is To Be Seen Whether Prima Facie Case Is Made Out Or Not: Rajasthan HC
2 years, 10 months ago

At The Stage Of Framing Of Charges, Possibility Of Accused Person's Acquittal Not To Considered, Rather It Is To Be Seen Whether Prima Facie Case Is Made Out Or Not: Rajasthan HC

Live Law  

The Rajasthan High Court observed that medical evidence cannot be doubted, that too, at the stage of framing of charges, where as per the settled law laid down by the Supreme Court, the possibility of acquittal of the accused person are not to be taken into consideration, rather it is to be seen whether prima facie case is made out …

Girl Who Had Inter-Caste Marriage Abducted From Advocate's Chamber: Allahabad HC Orders SSP/SP To Look Into 'Unfortunate' Matter
2 years, 11 months ago

Girl Who Had Inter-Caste Marriage Abducted From Advocate's Chamber: Allahabad HC Orders SSP/SP To Look Into 'Unfortunate' Matter

Live Law  

Calling it an unfortunate issue, the Allahabad High Court on Wednesday directed the Senior Superintendent of Police, Prayagraj / Superintendent of Police, Jaunpur to produce the girl who had an intercaste marriage and was abducted from the chamber of the advocate forcefully.The Bench of Justice Umesh Kumar was essentially dealing with the protection plea filed by a Girl who recently …

"Wife Filed Unsubstantiated Criminal Complaint Against Husband, His Family Causing Immense Mental Cruelty": Delhi HC Dissolves Marriage
3 years ago

"Wife Filed Unsubstantiated Criminal Complaint Against Husband, His Family Causing Immense Mental Cruelty": Delhi HC Dissolves Marriage

Live Law  

The Delhi High Court has dissolved marriage between a couple living separately for 12 years taking note of the fact that the wife had filed an unsubstantiated criminal complaint against the husband and his family members which caused them immense mental cruelty and agony.Justice Vipin Sanghi and Justice Jasmeet Singh dissolved the marriage by decree of divorce under Sections 13. …

"Petty Offences, Do Not Involve Moral Turpitude": Himachal Pradesh High Court Quashes FIR U/S 354, 498A IPC Based On Compromise
3 years ago

"Petty Offences, Do Not Involve Moral Turpitude": Himachal Pradesh High Court Quashes FIR U/S 354, 498A IPC Based On Compromise

Live Law  

The Himachal Pradesh High Court has granted relief to a husband by quashing a FIR lodged against him by his wife for allegedly demanding dowry and outraging her modesty, based on a compromise between the parties. Justice Sandeep Sharma said, offences alleged to have been committed by the petitioners do not involve offences of moral turpitude or any grave/heinous crime, …

Pained To Note Increasing Tendency Of Filing Rape Complaints Against Male Members Of Husband's Family In Matrimonial Cases: Delhi HC
3 years, 1 month ago

Pained To Note Increasing Tendency Of Filing Rape Complaints Against Male Members Of Husband's Family In Matrimonial Cases: Delhi HC

Live Law  

The Delhi High Court has recently said that it is pained to note the increasing tendency of filing rape complaints in matrimonial cases against male members of the husband's family, just to exert pressure. Justice Subramonium Prasad said:"This Court is pained to note that in matrimonial cases, there is an increasing tendency of filing such complaints for an offence under …

Section 304B IPC- Demand Of Money For Construction Of A House Is A 'Dowry Demand': Supreme Court
3 years, 2 months ago

Section 304B IPC- Demand Of Money For Construction Of A House Is A 'Dowry Demand': Supreme Court

Live Law  

The Supreme Court observed that demand of money for construction of a house is a 'dowry demand' to attract offence under Section 304B of the Indian Penal Code.The word "Dowry" ought to be ascribed an expansive meaning so as to encompass any demand made on a woman, whether in respect of a property or a valuable security of any nature, …

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