Prosecution U/s 498A IPC And Dowry Prohibition Act Not Sustainable When The Complaint Is Filed Long After Divorce: SC [Read Order]
6 years, 6 months ago

Prosecution U/s 498A IPC And Dowry Prohibition Act Not Sustainable When The Complaint Is Filed Long After Divorce: SC [Read Order]

Live Law  

‘Where the complainant approaches with a case that there has been a divorce long back i.e. four years ago before filing of the FIR, section 498A of IPC in terms would not be attracted.’The Supreme Court has held that prosecution under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961, is not sustainable when the complaint is filed long after. four years ago before filing of the FIR, section 498A of IPC in terms would not be attracted.’ The Supreme Court has held that prosecution under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961, is not sustainable when the complaint is filed long after the divorce. The bench of Justice SA Bobde and Justice L Nageswara Rao said: “In view of her own averment that she was divorced four years ago, we are of the view that the prosecution is not sustainable under section 498A of the IPC and Sections 3/4 of the Dowry Prohibition Act, 1961. We accordingly consider it appropriate to quash the prosecution against all the accused persons under section 498A of IPC and Sections 3/4 of the Dowry Prohibition Act, 1961.” The bench, however, held that prosecution in respect of other offences under Sections 323, 325, 504 and 506 of IPC must be dealt with differently.

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History of this topic

Denial of right to education as a ground for divorce
3 days, 5 hours 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, …

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

Dowry demand not needed to invoke cruelty charge against husbands: SC
3 weeks, 6 days ago

Dowry demand not needed to invoke cruelty charge against husbands: SC

The Hindu  

The Supreme Court said on Friday dowry demand was not a prerequisite to constitute the offence of cruelty under section 498A of the IPC introduced in 1983 to protect married women from the husband and in-laws. A bench comprising Justices Vikram Nath and Prasanna B Varale on December 12, 2024, said the essence of Section 498A IPC lay in the …

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 …

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

S. 377 IPC | 'Unnatural' Sex By Husband With Wife Without Her Consent Is Not An Offence: Chhattisgarh High Court
1 month, 1 week ago

S. 377 IPC | 'Unnatural' Sex By Husband With Wife Without Her Consent Is Not An Offence: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court on Monday held that a husband cannot be prosecuted for commission of the offence of rape under Section 376 or unnatural sex under Section 377 of the Indian Penal Code for having any sexual intercourse, including every unnatural sex, with his major wife even without her consent. Holding 'consent' of wife in sexual intercourse/unnatural intercourse to …

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court
1 month, 1 week ago

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court

Live Law  

The Gujarat High Court dismissed a wife's revision plea challenging a family court order which rejected her Order VII Rule 11 CPC application for rejection of her husband's 'composite suit' for nullity of marriage and divorce alleging cruelty, after noting that there is no prohibition on filing such a suit or joint petition. Therefore, there cannot be any bar in …

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 …

Second Wife Of Husband Can't Be Prosecuted For Bigamy Under Section 494 IPC: Chhattisgarh High Court
1 month, 2 weeks ago

Second Wife Of Husband Can't Be Prosecuted For Bigamy Under Section 494 IPC: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has reiterated that a person who is single and marries another whose marriage is substituting cannot be not liable under Section 494 IPC, but it is the person whose marriage is substituting who would be liable. A person who is single marrying another whose marriage is substituting is not liable under Section 494 IPC, but the …

Life Sentence and Conviction of Farmer Set Aside
1 month, 2 weeks ago

Life Sentence and Conviction of Farmer Set Aside

Deccan Chronicle  

Hyderabad: A two-judge panel of the Telangana High Court set aside the conviction and life sentence of a farmer in a case involving dowry harassment and alleged murder of his wife. The panel, comprising Justice P. Sam Koshy and Justice Namavarapu Rajeshwar Rao, held that the trial was vitiated due to the appellant’s lack of effective legal representation, violating his …

Trial Courts Wrongly Convicting Persons For Dowry Death Misapplying S.304B IPC; Time For Judicial Academies To Step In : Supreme Court
1 month, 3 weeks ago

Trial Courts Wrongly Convicting Persons For Dowry Death Misapplying S.304B IPC; Time For Judicial Academies To Step In : Supreme Court

Live Law  

The Supreme Court, while overturning the appellant/ accused's conviction under Section 304-B of the IPC, noted that while the Court has repeatedly laid down this provision's ingredients, the Trial Courts were committing the same mistakes repeatedly. “Therefore, even for attracting Section 113-B, the prosecution must establish that the deceased was subjected by the appellant to cruelty or harassment for or …

Mere Refusal To Marry Does Not Constitute Offence Of Cheating Unless Ingredients U/S 90 Of IPC Are Met: Gauhati High Court
1 month, 3 weeks ago

Mere Refusal To Marry Does Not Constitute Offence Of Cheating Unless Ingredients U/S 90 Of IPC Are Met: Gauhati High Court

Live Law  

The Gauhati High Court recently set aside the judgment and sentence order passed by a Trial Court under Section 417 of IPC on the ground that mere refusal to marry would not constitute an offence under Section 417 of IPC until and unless the requirement under Section 90 of IPC is established by the prosecution. The single judge bench comprising …

Supreme Court orders ’gold-greedy’ groom to pay ₹3 lakh to bride as harassment compensation, 19 years after marriage
1 month, 3 weeks ago

Supreme Court orders ’gold-greedy’ groom to pay ₹3 lakh to bride as harassment compensation, 19 years after marriage

Live Mint  

The Supreme Court has asked a man to pay ₹three lakh in compensation to his bride, whom he harassed for dowry, following a 19-year legal battle, reported Times of India. Incidentally, the couple's marriage ended within just three days after the groom demanded dowry, which led to his conviction and an eventful jail time, added the report. According to the …

Disapproving marriage does not amount to abetment of suicide: Supreme Court
1 month, 3 weeks ago

Disapproving marriage does not amount to abetment of suicide: Supreme Court

The Hindu  

The Supreme Court has said expressing disapproval for marriage does not amount to abetment of suicide under Section 306 of the Indian Penal Code. The court said even if all evidence on record, including the charge sheet and witness statements, are taken to be correct, there is not an iota of evidence against the appellant. Even if the appellant expressed …

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court
2 months ago

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court

Live Law  

Recently, the Allahabad High Court has held that order passed by the Supreme Court expediting divorce proceedings cannot be a ground to deprive the wife of her right to contest divorce proceedings. Subsequently, appellant-wife approached the Supreme Court seeking transfer of proceedings to Kanpur Nagar, UP, which was allowed with an observation “to make all endeavour to dispose of the …

Supreme Court to hear cop's plea after FIR against IPS officer whom she accuses of rape quashed
2 months ago

Supreme Court to hear cop's plea after FIR against IPS officer whom she accuses of rape quashed

The Hindu  

The Supreme Court on Monday posted after two weeks the hearing on the plea filed by a Bihar Police woman officer against a Patna High Court order that quashed the FIR against an IPS officer whom she accused of rape on the false promise of marriage. The FIR was lodged against IPS officer Pushkar Anand and his parents at Mahila …

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 …

S.113B Evidence Act | Dowry Death Can't Be Presumed Without Clear Evidence Of Incessant Harassment: Supreme Court
2 months, 1 week 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 …

Bombay HC rules wife filing false cases entitles husband for a divorce on grounds of ‘cruelty’
2 months, 1 week 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 …

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

Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce
3 months ago

Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce

Live Law  

The Supreme Court today quashed a domestic cruelty case under Section 498A IPC against the husband's parents which was registered with an ulterior motive by the daughter-in-law to force their son to consent to divorce. The bench comprising Justice BR Gavai and Justice KV Viswanathan was hearing the Appellant's challenge to the Bombay High Court's Aurangabad Bench decision which refused …

S.498A IPC : How Supreme Court Raised Concerns About Misuse Of Anti-Dowry & Cruelty Laws Over Years
3 months ago

S.498A IPC : How Supreme Court Raised Concerns About Misuse Of Anti-Dowry & Cruelty Laws Over Years

Live Law  

The recent tragic death of 34-yr old techie Atul Subhash, who is reported to have died by suicide due to marital discord with his wife and ensuing litigations, has sparked a debate around Section 498A of Indian Penal Code.Unfortunately though, the issue of misuse of women-centric laws - Section 498A IPC in particular - is not new. In this case, …

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court
3 months, 1 week ago

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court

Live Law  

The Supreme Court held that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be sustained against a woman with whom the husband had an extra-marital affair. Holding so, a bench comprising Justice BR Gavai and Justice KV Viswanathan quashed a criminal case against a woman who was named as an accused on the allegation …

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court
Trending News
3 months, 1 week ago

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court

Live Law  

The Supreme Court held that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be sustained against a woman with whom the husband had an extra-marital affair. Holding so, a bench comprising Justice BR Gavai and Justice KV Viswanathan quashed a criminal case against a woman who was named as an accused on the allegation …

"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 …

Atul Subhash Suicide : PIL In Supreme Court Seeks Reform Of Domestic Violence & Dowry Laws To Prevent Harassment Of Innocent Husbands
3 months, 1 week ago

Atul Subhash Suicide : PIL In Supreme Court Seeks Reform Of Domestic Violence & Dowry Laws To Prevent Harassment Of Innocent Husbands

Live Law  

In the wake of the suicide of a man named Atul Subhash allegedly due to harassment by his wife through matrimonial cases, a PIL has been filed in the Supreme Court seeking directions to ensure that husband and his family members are not harassed in cases filed under domestic violence and dowry laws.The Public Interest Litigation filed by Advocate Vishal …

For divorces in India, the process is the punishment
3 months, 1 week ago

For divorces in India, the process is the punishment

India Today  

On July 15, 2024, the legal counsel of Omar Abdullah, the now Chief Minister of Jammu and Kashmir, said in the Supreme Court that his marriage had been irretrievably "dead" as he and his spouse had lived apart for 15 years. HOW DIVORCE LAWS MISUSED IN INDIA, PROCESS IS PUNISHMENT "Let’s start with how, after filing for divorce, a person …

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case
3 months, 1 week ago

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case

Live Law  

Mere harassment is not sufficient to hold an accused guilty of abetment of suicide under Section 306 of the Indian Penal Code, held the Supreme Court while discharging a husband in a case related to the suicide of his wife. "Mere allegations of harassment are not enough unless the accused's actions were so compelling that the victim perceived no alternative …

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case
Trending News
3 months, 1 week ago

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case

Live Law  

Mere harassment is not sufficient to hold an accused guilty of abetment of suicide under Section 306 of the Indian Penal Code, held the Supreme Court while discharging a husband in a case related to the suicide of his wife. "Mere allegations of harassment are not enough unless the accused's actions were so compelling that the victim perceived no alternative …

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, 1 week 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 …

Supreme Court warns against misuse of cruelty law for settling personal scores against husband
3 months, 1 week ago

Supreme Court warns against misuse of cruelty law for settling personal scores against husband

Deccan Chronicle  

New Delhi: The Supreme Court has given a strong warning against the misuse of laws in marital dispute cases. The apex court made this observation after setting aside a cruelty case filed under Section 498 of the IPC, which the Telangana High Court had refused to dismiss previously. In the above case, the Supreme Court ruled in favour of the …

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home
3 months, 1 week 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, 1 week 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, 1 week 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, 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 …

S.498A IPC Often Used Against Husband & His Family To Meet Wife's Unreasonable Demands, Growing Tendency Of Misuse: Supreme Court
3 months, 1 week ago

S.498A IPC Often Used Against Husband & His Family To Meet Wife's Unreasonable Demands, Growing Tendency Of Misuse: Supreme Court

Live Law  

While quashing a Section 498-A IPC case against a husband and in-laws of the wife, the Supreme Court today again cautioned about the tendency to implicate all the members of the husband's family when domestic disputes arise out of matrimonial discord. Also, the Court criticized the growing tendency to misuse provisions like Section 498-A IPC as a tool for unleashing …

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App
3 months, 2 weeks ago

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App

Live Law  

Observing that “there cannot be promise of marriage held on to a lady, who was already married,” the Karnataka High Court quashed a rape case registered against a man by a woman whom he met on 'bumble app' where the woman had in her profile projected herself to be a divorced lady. The complainant was already married and had projected …

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 …

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS
4 months, 3 weeks ago

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS

The Hindu  

The Supreme Court will continue hearing on Wednesday a batch of petitions challenging the constitutional validity of Exception 2 to Section 375 of the Indian Penal Code, 1860 (IPC) and Exception 2 of Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023. These provisions grant legal immunity to Indian husbands by stipulating that “sexual intercourse or acts by a man …

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 …

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
5 months, 3 weeks 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 …

SC to decide on marital rape law despite Centre’s silence
6 months ago

SC to decide on marital rape law despite Centre’s silence

Hindustan Times  

The Supreme Court on Wednesday made it clear that it will decide the legality of the immunity granted to husbands from prosecution for marital rape solely on legal principles, even if the Union government does not take a stand on the issue. The issue also includes the Delhi High Court’s split verdict from May 2022, which remains pending for the …

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court
6 months, 1 week ago

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court

Live Law  

The Allahabad High Court has held that under Section 10 of the Hindu Marriage Act, 1955 if no cohabitation occurs between the parties in the year after the decree of restitution of conjugal rights or decree of judicial separation, the decree of separation would be upheld. Subsequently, in 2006, the case instituted by the respondent-husband was dismissed and the decree …

Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC
6 months, 1 week ago

Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC

Live Law  

The Allahabad High Court has held that long separation coupled with criminal prosecution and harsh words without any desire to retrieve the matrimonial relationship shows an irretrievable breakdown of marriage. While dealing with a matrimonial case of 21 years of separation, the bench comprising of Justice Saumitra Dayal Singh and Justice Donadi Ramesh held “Desertion suffered over long years in …

HC fines Jagadhri woman with ₹1 lakh for delaying withdrawal of criminal case despite settlement
6 months, 1 week ago

HC fines Jagadhri woman with ₹1 lakh for delaying withdrawal of criminal case despite settlement

Hindustan Times  

The Punjab and Haryana high court has imposed a fine of ₹one lakh on a Haryana woman for dillydallying on withdrawal of criminal proceedings against her estranged husband even after a settlement leading to divorce decree by mutual consent. In August 2023, the husband withdrew the petition seeking quashing of FIR as the woman submitted that he had not honoured …

‘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 …

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court
6 months, 3 weeks ago

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court

Live Law  

In a significant order, the Nagpur bench of the Bombay High Court held that the girlfriend of a husband cannot be booked under charges of domestic violence or cruelty punishable under section 498A of the Indian Penal Code. "As the applicant is not the relative of husband of the complainant, 498-A of the Indian Penal Code shall not be attracted. …

S. 193 IPC | When Can Perjury Proceedings Be Initiated Against A Litigant? Supreme Court Explains
7 months, 1 week ago

S. 193 IPC | When Can Perjury Proceedings Be Initiated Against A Litigant? Supreme Court Explains

Live Law  

While quashing a perjury proceeding against a litigant, the Supreme Court on Tuesday laid down the yardsticks which should be fulfilled for initiating proceedings for the offence of perjury under Section 193 of Indian Penal Code, 1860.The bench comprising Justice BR Gavai, Justices Sanjay Karol and KV Viswanathan was deciding an appeal preferred by a litigant against the decision of. …

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