Family Members Calling Wife For Conciliation Meeting After She Had Feud With Husband Not Mental Harassment: Karnataka High Court
1 month ago

Family Members Calling Wife For Conciliation Meeting After She Had Feud With Husband Not Mental Harassment: Karnataka High Court

Live Law  

The Karnataka High Court has quashed a criminal case registered by a woman against her brother-in-law and others alleging them of causing mental harassment to her when they after she had a feud with her husband called her to the matrimonial home for conciliation. The court said “The allegations may have to be answered by accused Nos.1, 2 and 3, but, I do not find any ingredient of Section 498A of the IPC or Sections 3 and 4 of the Act.” The petitioner seeking quashing of the offences had argued that the petitioners' role in the alleged episode of crime is only when the petitioners interfere to solve or resolve the dispute between the husband and the wife by calling them for conciliation. It then said, “Barring this, there is no other allegation that would touch upon the ingredients of Section 498A of the IPC particularly against accused Nos.4, 5 and 6, as submitted by the learned counsel appearing for the complainant.” It then held, “The petitioners are other members of the family. Permitting investigation even in the case at hand against these petitioners would run foul of the judgment of the Apex Court in the case of Kahkashan Kausar @ Sonam and others vs. State of Bihar and others.” Allowing the petition the court said “If further investigation is permitted to be continued as observed hereinabove, it would run foul of the law so laid down, as the petitioners being accused Nos.4, 5 and 6, the brother-in-law and brother-in-law's wife or the mother-in-law's sister, cannot be hauled into these proceedings.” Appearance: Advocate Subramanya H.V for Petitioners.

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History of this topic

Karnataka High Court Quashes Rape Case Against Fiance Who Absconded After Engagement Upon Being Booked In An NDPS Case
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Live Law  

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Live Law  

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5 months, 3 weeks ago

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Live Law  

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7 months, 2 weeks ago

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Live Law  

The Karnataka High Court recently allowed an appeal filed by a woman challenging the order of the trial court dismissing her petition seeking divorce and held that unfounded allegation on the character of a spouse causes mental cruelty and can be a ground for dissolution of marriage. It was stated that three years after the marriage, the respondent started torturing …

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship
1 year, 1 month ago

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Live Law  

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1 year, 4 months ago

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Live Law  

The Karnataka High Court recently refused to quash criminal proceedings initiated against three employees of Lifestyle International Private Limited, accused of teasing their colleague on his sexual orientation, which is alleged to have caused him to commit suicide. It said, “It is not a case where there is no prima facie material or the allegations are made in thin air.” …

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1 year, 5 months ago

Wife humiliates husband over skin colour, Karnataka HC says its 'cruel', grants divorce

Firstpost  

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1 year, 10 months ago

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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, …

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2 years, 5 months ago

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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 …

Wife Levelling Unsubstantiated Allegations Of Husband Being Impotent Amounts To Cruelty: Karnataka High Court
2 years, 6 months ago

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Live Law  

The Karnataka High Court has held that a wife calling her husband an impotent without legally substantiating the same by itself would amount to cruelty within the meaning of Section 13 of the Hindu Marriage Act. Hemalekha, while setting aside the family court judgment which had dismissed the petition filed by the husband seeking divorce, said, "The allegations having not …

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3 years, 6 months ago

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Live Law  

The Karnataka High Court has held that a wife cannot make the woman with whom her husband is having an illegal relationship as a respondent in the application made by her under Section 12, of the Domestic Violence Act. A single bench of Justice Sreenivas Harish Kumar said "Section 2 of the Act makes it clear that only those persons …

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4 years, 2 months ago

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Live Law  

The Karnataka High Court has convicted a woman under section 500 of Indian Penal Code on the finding that the statements made by her against her husband before the Family Court in a matrimonial case amounted to 'criminal defamation'. The Court held that pleadings filed in court and depositions made in the case amount to 'publication' within the meaning of …

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4 years, 7 months ago

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Live Law  

The Karnataka High Court has held that when a written complaint as contemplated by clause of sub section 1 of section 190 of Criminal Procedure Code is filed and when the complainant is represented by the advocate the courts of magistrate cannot insist upon presence of complainant at the time of filing of the complaint. A division bench of Chief …

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4 years, 7 months ago

Family Courts Can't Insist On Personal Presence Of Parties At The Time Of Filing Even For Mutual Consent Divorce : Karnataka HC [Read Order]

Live Law  

The Karnataka High Court has held that family courts cannot insist on the personal presence of parties at the time of presenting petitions before the family courts if they are represented by advocates acting as their authorised agent. A division bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty held : "Therefore, we hold that there is no …

Wrong Details Of Wife In Divorce Petition: Karnataka HC Overturns Divorce Decree Granted To Husband [Read Judgment]
5 years, 4 months ago

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Live Law  

The Karnataka High Court has overturned a divorce decree granted ex-parte to a husband and remanded the matter back to the family court for fresh consideration, after it was found that husband gave wrong address details of the wife, so that she could not be called upon to file her reply to his divorce petition. The wife argued before the …

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