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 his wife on the ground of cruelty. 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 his wife on the ground of cruelty under Section 13 of the Hindu Marriage Act, 1955. “Learned Principal Judge, Family Court has rightly concluded that the respondent was entitled to divorce on the ground of cruelty under Section 13 of the Hindu Marriage Act, 1955,” the bench said.

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History of this topic

Threatening to commit suicide amounts to cruelty towards spouse: Bombay High Court
3 days, 1 hour ago

Threatening to commit suicide amounts to cruelty towards spouse: Bombay High Court

India Today  

The Aurangabad bench of the Bombay High Court has ruled that threatening a spouse and their family with imprisonment by threatening or attempting suicide constitutes cruelty, providing grounds for divorce. Justice RM Joshi made this observation while upholding a divorce granted to a husband who claimed to have faced cruelty from the wife. The court noted the wife's inability to …

Delhi HC dismisses man’s plea to quash rape case, says he’s victim blaming
Trending News
3 days, 22 hours ago

Delhi HC dismisses man’s plea to quash rape case, says he’s victim blaming

Hindustan Times  

The Delhi high court has condemned a man’s attempt to quash a rape case by claiming that the woman was “obsessed” with him and had unilaterally desired marriage. While refusing to quash the FIR, a bench of justice Swarana Kanta Sharma—whose verdict was delivered on March 20 and released later—said a woman’s decision to enter a relationship based on a …

Quarrels Between Husband & Wife Or Divorce Demands By Husband, His Relatives Not 'Cruelty' As Per S. 498A IPC: Gauhati High Court
1 week, 2 days ago

Quarrels Between Husband & Wife Or Divorce Demands By Husband, His Relatives Not 'Cruelty' As Per S. 498A IPC: Gauhati High Court

Live Law  

The Gauhati High Court has observed that quarrels between husband and wife or the demand for divorce by the husband or his relatives do not amount to cruelty within the meaning of Section 498 of the Indian Penal Code. With this, the court quashed the chargesheet and the proceedings initiated by the woman against her husband and her husband's relatives …

Denial of right to education as a ground for divorce
1 week, 3 days ago

Denial of right to education as a ground for divorce

Hindustan Times  

I have on my desk a recent judgment of the Madhya Pradesh High Court ’s Indore Bench, indeed heartwarming, which deserves to be followed by all other high courts and affirmed by the nation’s apex court. If the husband or in-laws of a married woman force her to give up her pursuit for education, it will amount to mental cruelty, …

Wife Cannot Implicate Husband's Uncle In Cruelty Case To Pressurize Husband's Family To Return 'Stridhan': J&K High Court
1 week, 3 days ago

Wife Cannot Implicate Husband's Uncle In Cruelty Case To Pressurize Husband's Family To Return 'Stridhan': J&K High Court

Live Law  

The Jammu and Kashmir High Court has deprecated the practice of arraying the relatives of the husband as accused in the proceedings under Section 498-A IPC to create pressure on the husband and his family members. The court added that it appears the petitioner has been arrayed as an accused only because he was nominated by the other accused persons …

No Husband Would Tolerate Wife's 'Vulgar Chatting' Over Phone: Madhya Pradesh HC Upholds Divorce On Ground Of Mental Cruelty
1 week, 5 days ago

No Husband Would Tolerate Wife's 'Vulgar Chatting' Over Phone: Madhya Pradesh HC Upholds Divorce On Ground Of Mental Cruelty

Live Law  

While upholding the verdict passed by the Family Court, the Indore Bench of Madhya Pradesh High Court held that despite husband's objections, if a wife is involved in vulgar chatting with other men, it would amount to mental cruelty and a ground for divorce under Section 13 of the Hindu Marriage Act, 1955. If despite objection husband or wife continues …

Woman making false allegations of sexual assault against man is possible, says HC
1 week, 5 days ago

Woman making false allegations of sexual assault against man is possible, says HC

The Hindu  

The Kerala High Court has observed that the concept that any girl or woman would not make a false allegation of sexual assault or any other mode of misconduct against a man seems to have been diluted recently. The court observed that allegations of rape, sexual molestation, and other misconduct are levelled nowadays without an iota of truth so as …

Falsely Labelling Police Constable Husband As A Terrorist Cannot Be Ignored, Caused Severe Mental Torture: Madras High Court Grants Divorce
2 weeks, 1 day ago

Falsely Labelling Police Constable Husband As A Terrorist Cannot Be Ignored, Caused Severe Mental Torture: Madras High Court Grants Divorce

Live Law  

While granting divorce to a police constable, the Madras High Court recently observed that the wife's complaint against him alleging that he had an extra-marital affair and that he had a connection with terrorist organizations could not be ignored as the same would cause severe mental torture and would amount to mental cruelty. The high court, however, noted that due …

Rape cases involving false marriage promises need clear evidence: Delhi HC
3 weeks, 4 days ago

Rape cases involving false marriage promises need clear evidence: Delhi HC

Hindustan Times  

The Delhi high court has acquitted a man in a rape case, ruling that a long-term consensual sexual relationship does not automatically imply the woman’s consent was solely based on a promise of marriage. A bench of justice Jasmeet Singh emphasised that a conviction for rape under the false pretence of marriage requires strong evidence proving the relationship was established …

Punjab & Haryana HC Upholds Husband's Divorce Decree Against Wife Who Forced Him To Live Separately From His Parents
1 month 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, 2 weeks 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 …

Misuse Of Section 498A IPC Doesn't Mean Genuine Cases Of Harassment Don't Exist: Delhi High Court
1 month, 2 weeks ago

Misuse Of Section 498A IPC Doesn't Mean Genuine Cases Of Harassment Don't Exist: Delhi High Court

Live Law  

The Delhi High Court has observed that the misuse of Section 498A of Indian Penal Code, 1860, does not mean that genuine cases of harassment do not exist. “This Court is not blind to the ground reality of the deeply rooted social evil of greed for dowry, due to which, numerous victims are subjected to unspeakable conduct and harassment,” Justice …

Mere Friendship Between Husband & Office Colleague Cannot Be Perceived As Illicit Relationship: Calcutta High Court
1 month, 2 weeks ago

Mere Friendship Between Husband & Office Colleague Cannot Be Perceived As Illicit Relationship: Calcutta High Court

Live Law  

The Calcutta High Court has held that the mere friendship between a husband and his office colleague cannot be misconstrued as an illicit sexual relationship in the absence of any material to prove otherwise. A division bench of Justices Sabyasachi Bhattacharya and Uday Kumar held: Mere friendship between the husband and his office colleague and the closeness between such friends …

S.498A IPC | When Family Relations Are Sought To Be Brought Under Criminal Proceedings, Courts Should Be Cautious : Supreme Court
1 month, 3 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 …

Courts Can't Rely On Rigid Definitions Of Cruelty, Must Assess If Conduct Makes It Unreasonable For One Spouse To Live With Other: Kerala HC
1 month, 3 weeks ago

Courts Can't Rely On Rigid Definitions Of Cruelty, Must Assess If Conduct Makes It Unreasonable For One Spouse To Live With Other: Kerala HC

Live Law  

The Kerala High Court has reiterated that while dealing petitions for divorce on ground of cruelty, Courts cannot rely on rigid definitions of cruelty. Stating that the emotional quotient of every individual is different, it added that Courts must assess whether the conduct of one spouse has made it unreasonable for the other spouse to live with them. The Division …

Laws Intended To Protect Women From Cruelty & Dowry Harassment Shouldn't Be Misused To Settle Personal Scores : Supreme Court
1 month, 3 weeks ago

Laws Intended To Protect Women From Cruelty & Dowry Harassment Shouldn't Be Misused To Settle Personal Scores : Supreme Court

Live Law  

The Supreme Court recently, while quashing a case involving allegations of cruelty and dowry said that criminal law should not be used as a tool for harassment. While the provisions are intended to protect women from cruelty and dowry harassment, they should not be used to settle personal scores or pursue ulterior motives., the Court said. While the provisions are …

Men Too Are Entitled To Same Protection From Cruelty And Violence As Women: Delhi High Court
Trending News
2 months ago

Men Too Are Entitled To Same Protection From Cruelty And Violence As Women: Delhi High Court

Live Law  

The Delhi High Court has ruled that just as women deserve protection from cruelty and violence, men too are entitled to the same safeguards under the law. The Court said that creating a special class of leniency for one gender would erode the foundational principles of justice in cases of life threatening bodily injuries. Thus, the Courts must recognize the …

Rape On False Marriage Promise A Reprehensible Offence, Act Can't Be 'Executed' By A Subsequent Marriage Offer : Allahabad HC
2 months, 1 week ago

Rape On False Marriage Promise A Reprehensible Offence, Act Can't Be 'Executed' By A Subsequent Marriage Offer : Allahabad HC

Live Law  

The Allahabad High Court has observed that the act of sexual exploitation under the false promise of marriage is a reprehensible offence which reduces the victim to an object for someone's personal gratification. This Court is of the view that the applicant's act cannot be executed by a subsequent offer of marriage,” the single judge observed in its order denying …

Ludhiana: Man, parents booked for dowry harassment
2 months, 1 week 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 …

S.113B Evidence Act | Dowry Death Can't Be Presumed Without Clear Evidence Of Incessant Harassment: Supreme Court
2 months, 2 weeks ago

S.113B Evidence Act | Dowry Death Can't Be Presumed Without Clear Evidence Of Incessant Harassment: Supreme Court

Live Law  

The Supreme Court, while acquitting an accused of cruelty and abetment of suicide, observed that to apply Section 113B of the Indian Evidence Act, clear evidence for incessant harassment is essential. When the Courts below want to apply Section 113B of the Evidence Act, the condition precedent is that there has to be first some cogent evidence as regards incessant …

High Court upholds divorce over woman's false case to change husband's behaviour
2 months, 2 weeks ago

High Court upholds divorce over woman's false case to change husband's behaviour

India Today  

The Bombay High Court has upheld a Thane Family Court judgment dissolving the marriage of a couple, ruling that filing false allegations of cruelty against a spouse constitutes mental cruelty. A division bench comprising Justices GS Kulkarni and Advait Sethna dismissed the wife's appeal challenging the Family Court's decision, which had granted divorce in favour of the husband on grounds …

Bombay HC rules wife filing false cases entitles husband for a divorce on grounds of ‘cruelty’
2 months, 2 weeks ago

Bombay HC rules wife filing false cases entitles husband for a divorce on grounds of ‘cruelty’

Live Mint  

The Bombay High Court has recently ruled that a wife filing false complaints against her husband and in-laws in an attempt to correct his behaviour constitutes cruelty within marital relations. The ruling comes as Bombay High Court's division bench of Justices Girish Kulkarni and Advait Sethna refused to interfere with the decision of a Family Court, which while granting divorce …

Wife Filing False Case Against Husband, In-Laws To Correct His Behaviour Is Cruelty, Not Acceptable In Marital Relations: Bombay High Court
Trending News
2 months, 2 weeks ago

Wife Filing False Case Against Husband, In-Laws To Correct His Behaviour Is Cruelty, Not Acceptable In Marital Relations: Bombay High Court

Live Law  

A wife filing a false complaint against her husband just for correcting his behaviour would not find place in harmonious relations a married couple would maintain normally and the same will amount to cruelty, the Bombay High Court held recently. A division bench of Justices Girish Kulkarni and Advait Sethna refused to interfere with the decision of a Family Court, …

'Free-Willed' Wife Meeting Civil Society Members Sans Forming An Illegal Relation Isn't Cruelty Against Husband: Allahabad HC
2 months, 4 weeks ago

'Free-Willed' Wife Meeting Civil Society Members Sans Forming An Illegal Relation Isn't Cruelty Against Husband: Allahabad HC

Live Law  

The Allahabad High Court has observed that a 'free-willed' wife's acts of travelling alone or interacting with members of civil society without engaging in any illegal or immoral relationships cannot be considered an act of cruelty against her husband. A bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh, however, added that a wife's conduct of only seeking to …

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Brother-In-Law After 18 Years Of Marriage
3 months ago

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Brother-In-Law After 18 Years Of Marriage

Live Law  

The Calcutta High Court has quashed a case against a man accused by his sister-in-law of cruelty. The allegations are general in nature and the petitioner herein has been named only in the cause title of the petition under Section 156 of Cr. "The materials in the case diary also shows that the allegations are general in nature and the …

Wife Imposing Her Friends & Family At Husband's Residence Against His Will Amounts To Cruelty: Calcutta High Court
Trending News
3 months ago

Wife Imposing Her Friends & Family At Husband's Residence Against His Will Amounts To Cruelty: Calcutta High Court

Live Law  

The Calcutta High Court has held that a wife imposing her friends and family on her husband by having them put up at his residence without his willingness would amount to cruelty. In 2008, the appellant-husband instituted the divorce suit and later the wife sent a complaint against the husband and his family by registered post to the Nabadwip Police …

Wife Imposing Her Friends & Family At Husband's Residence Against His Will Amounts To Cruelty: Calcutta High Court
3 months ago

Wife Imposing Her Friends & Family At Husband's Residence Against His Will Amounts To Cruelty: Calcutta High Court

Live Law  

The Calcutta High Court has held that a wife imposing her friends and family on her husband by having them put up at his residence without his willingness would amount to cruelty.A division bench of Justices Sabyasachi Bhattacharya and Uday Kumar held: The mother of the respondent would not have lived at the Kolaghat residence of the appellant if he …

Calcutta High Court grants divorce decree to husband for 'Imposition' of wife's friend, family on him
Trending News
3 months ago

Calcutta High Court grants divorce decree to husband for 'Imposition' of wife's friend, family on him

The Hindu  

The Calcutta High Court has granted a divorce decree to a husband on the grounds of cruelty, which includes "imposition" of the wife’s friend and family on him and lodging of a false case of matrimonial cruelty by her. "Such imposition of friend and family of the respondent on the husband at his quarter against his will, sometimes even when …

"Quarrel" Involves Both Parties, Cannot Be A Reason To Grant Divorce On Grounds Of Cruelty: Calcutta High Court
3 months ago

"Quarrel" Involves Both Parties, Cannot Be A Reason To Grant Divorce On Grounds Of Cruelty: Calcutta High Court

Live Law  

The Calcutta High Court has held that a "quarrel" between husband and wife would be attributed to both parties and that it would be a part of the normal "wear and tear" of marital life, and could not be grounds to allow divorce on the ground of cruelty. A division bench of Justice Sabyasachi Bhattacharya and Uday Kumar held: "The …

Long stay of wife’s family at husband’s house amounts to ‘cruelty’, says Calcutta HC
3 months ago

Long stay of wife’s family at husband’s house amounts to ‘cruelty’, says Calcutta HC

Live Mint  

The Calcutta High Court ruled that the long stay of a married woman's friends and family at her husband's house, against his will, can amount to cruelty. “Such imposition of friend and family by the woman on her husband at his quarters against his will, sometimes even when the respondent was herself not there, over a continuous period of time, …

Kolkata man granted divorce over 'imposition' of wife's friend, family on him
3 months ago

Kolkata man granted divorce over 'imposition' of wife's friend, family on him

India Today  

The Calcutta High Court has granted a divorce decree to a husband on the grounds of cruelty, which includes "imposition" of the wife’s friend and family on him and lodging of a false case of matrimonial cruelty by her. "Such imposition of friend and family of the respondent on the husband at his quarter against his will, sometimes even when …

Husband, In-Laws 'Falsely Implicated' By Wife In View Of Matrimonial Dispute Between Parties: Madhya Pradesh HC Quashes Rape, Dowry FIR
3 months, 2 weeks 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 …

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant
Trending News
3 months, 2 weeks ago

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant

Live Law  

The Calcutta High Court has quashed a case of alleged rape filed by a woman, against a man, who she was in a consensual relationship with. The court said: From the said materials, in the case diary, this Court finds that the de facto complainant was aware that the petitioner was not interested in marriage but still continued the relationship …

No Fixed Parameters For Cruelty In Matrimonial Case, Rude Language And Ill-Treatment Wouldn't Per Se Constitute Legal Cruelty: Madras HC
3 months, 2 weeks ago

No Fixed Parameters For Cruelty In Matrimonial Case, Rude Language And Ill-Treatment Wouldn't Per Se Constitute Legal Cruelty: Madras HC

Live Law  

The Madras High Court recently highlighted that the concept of cruelty under matrimonial cases has undergone substantial change and there could not be any fixed parameters for determining what constitutes acts of cruelty. The high court also refused to interfere with the order of the Family Court allowing the petition filed by wife for restitution of conjugal rights. The court …

Merely Because Wife Didn't File Complaint Under S.498A IPC For Many Years Doesn't Mean There Was No Cruelty By Husband : Supreme Court
Trending News
3 months, 2 weeks ago

Merely Because Wife Didn't File Complaint Under S.498A IPC For Many Years Doesn't Mean There Was No Cruelty By Husband : Supreme Court

Live Law  

The fact that a wife did not make any complaint regarding cruelty for many years would not make a complaint under Section 498A of the Indian Penal Code unsustainable, held the Supreme Court while rejecting the plea of a husband for discharge. The Supreme Court noted that there were sufficient averments in the complaint to the effect that the wife …

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home
3 months, 2 weeks ago

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home

Live Law  

The Calcutta High Court has quashed a case initiated by a wife against her husband under Section 498A of the IPC, accusing him of cruelty towards her, three years after leaving their matrimonial home. It is further seen that since the year 2020, when she filed the first case, the complainant has left her matrimonial home and has now after …

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home
3 months, 2 weeks ago

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home

Live Law  

The Calcutta High Court has quashed a case initiated by a wife against her husband under Section 498A of the IPC, accusing him of cruelty towards her, three years after leaving their matrimonial home. While the wife had left the husband's house in 2020, she filed a complaint accusing him of cruelty in 2023.Justice Shampa Paul held: The allegations in …

Women should not misuse cruelty law for ‘personal vendetta’ against husbands: Supreme Court
3 months, 2 weeks ago

Women should not misuse cruelty law for ‘personal vendetta’ against husbands: Supreme Court

Hindustan Times  

Amid outrage over the death by suicide of a Bengaluru-based techie due to alleged harassment by his wife and in-laws, the Supreme Court, in a separate case, warned against the misuse of the cruelty law in marital dispute cases lodged by women against their husbands. The Supreme Court of India The cruelty law cannot be misused as a “personal tool …

Anti-Dowry Law Being Used As Weapon To Unnecessarily Harass Husband: SC Amid Atul Subhash's Suicide
3 months, 2 weeks 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, 2 weeks 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, 2 weeks 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 …

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

[S. 498A IPC] Second Wife Not Guilty Of Cruelty Merely Because Husband Married Her During Lifetime Of First Wife: Calcutta High Court
4 months, 1 week ago

[S. 498A IPC] Second Wife Not Guilty Of Cruelty Merely Because Husband Married Her During Lifetime Of First Wife: Calcutta High Court

Live Law  

The Calcutta High Court has quashed a case against a man's second wife, under various sections of the IPC including Section 498A, Section 494, 406 and Section 506, as well as under Sections 3/4 of the Dowry Prohibition Act by his first wife.Justice Shampa Paul quashed the charges and held: "Offence alleged under Section 494 of IPC is applicable to …

Body Shaming By Sister-In-Law Is Prima Facie Wilful Conduct Affecting Mental Health Of Woman To Attract Cruelty U/S 498A IPC: Kerala HC
4 months, 1 week ago

Body Shaming By Sister-In-Law Is Prima Facie Wilful Conduct Affecting Mental Health Of Woman To Attract Cruelty U/S 498A IPC: Kerala HC

Live Law  

The Kerala High Court has stated that body shaming of a woman by her sister-in-law would prima facie amount to wilful conduct to cause injury to health of a woman to attract an offence of cruelty under Section 498A of the IPC. The overt acts, at the instance of the petitioner, prima facie to be read as wilful conduct which …

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court
4 months, 2 weeks ago

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court

Live Law  

The Calcutta High Court has held that when an adult victim knowingly and willingly consented to sexual relations with a man, the man cannot later be held guilty for committing the offence of rape on the pretext of marriage. The victim lady being an adult was aware of the consequences of such relationship and denial on the part of the …

Bombay HC acquits man accused for ‘taunting wife’, says it’s not ‘cruelty’
4 months, 2 weeks ago

Bombay HC acquits man accused for ‘taunting wife’, says it’s not ‘cruelty’

Live Mint  

The Bombay High Court on Saturday observed that allegations of taunting a wife, not allowing her to visit temple alone or making her sleep on a carpet cannot be considered as 'cruelty under IPC Section 498A, legal news portal LiveLaw reported on Saturday. As per the high court's October 17 order, allegations against the accused include not allowing the deceased …

‘Taunting wife, not allowing her to watch TV cannot be cruelty’, says Bombay high court
4 months, 2 weeks ago

‘Taunting wife, not allowing her to watch TV cannot be cruelty’, says Bombay high court

Hindustan Times  

The Bombay High Court has said that allegations of taunting a wife, not allowing her to visit temple alone or making her sleep on a carpet cannot be considered as “cruelty” under IPC Section 498A, legal news portal LiveLaw reported. According to the high court's October 17 order, allegations against the accused included taunting the deceased woman for the food …

High Court Rules on Insulting Religious Beliefs: Wife Found Guilty
4 months, 3 weeks ago

High Court Rules on Insulting Religious Beliefs: Wife Found Guilty

Live Law  

The Chhattisgarh High Court has held that the conduct of a wife in insulting religion of her husband, his religious beliefs and his Gods amounts to mental cruelty. The court observed that the wife was attending prayer meetings at the Church for the last ten years and she also admitted to have not done any Hindu puja for the last …

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
6 months ago

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws

Live Law  

Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with …

Wife Threatening To Commit Suicide, Filing False Dowry Harassment Case Would Amount To Mental Cruelty: Madras High Court
6 months ago

Wife Threatening To Commit Suicide, Filing False Dowry Harassment Case Would Amount To Mental Cruelty: Madras High Court

Live Law  

Granting divorce to a husband, the Madras High Court recently observed that a wife threatening to commit suicide would amount to cruelty. The court also noted that the wife had filed false dowry harassment case against the husband and his family which had tarnished the family's image. The court thus noted that the wife had used the false dowry harassment …

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