Petition demands non-implementation of 498-A as it stands repealed in 1988; challenges Constitutional Validity of proceedings under 498-A IPC
10 years, 7 months ago

Petition demands non-implementation of 498-A as it stands repealed in 1988; challenges Constitutional Validity of proceedings under 498-A IPC

Live Law  

A writ petition has been filed in the apex Court of the country, seeking a declaration that Section 498A of IPC is non-existent, redundant and non-operational in law and hence, proceedings, prosecution and conviction under the said section is unconstitutional, ultra vires, arbitrary, void and illegal after the Repealing and Amending Act, 1988.It submits that an FIR charge-sheeted under a. A writ petition has been filed in the apex Court of the country, seeking a declaration that Section 498A of IPC is non-existent, redundant and non-operational in law and hence, proceedings, prosecution and conviction under the said section is unconstitutional, ultra vires, arbitrary, void and illegal after the Repealing and Amending Act, 1988. It hence, seeks to trace the authority responsible for this big legal blunder and asks whether it is Law Ministry, Union of India, the State Government or the Judiciary. “Crime in India 2012 Statistics” published by National Crime Records Bureau, Ministry of Home Affairs shows arrest of 1,97,762 persons all over India during the year 2012 for offence under Section 498-A of the IPC, 9.4% more than the year 2011.

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History of this topic

Quarrels Between Husband & Wife Or Divorce Demands By Husband, His Relatives Not 'Cruelty' As Per S. 498A IPC: Gauhati High Court
6 days, 13 hours 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 …

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, 5 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.” …

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

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 …

S.498A IPC | Circular Barring Husband From Seeking Govt Employment Due To Wife's Pending Cruelty Case Violates Article 14, 21: Rajasthan HC
2 months, 1 week ago

S.498A IPC | Circular Barring Husband From Seeking Govt Employment Due To Wife's Pending Cruelty Case Violates Article 14, 21: Rajasthan HC

Live Law  

The Jodhpur bench of the Rajasthan High Court set aside order rejecting candidature of the petitioner based on pending cruelty case under Section 498A IPC, ruling that at best the petitioner was "merely an under trial" and his fate is yet to be determined based on the trial's outcome. Perusing the order rejecting the petitioner's candidature, Justice Arun Monga said, …

S.498A IPC : How Supreme Court Raised Concerns About Misuse Of Anti-Dowry & Cruelty Laws Over Years
3 months, 1 week 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, …

"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 …

SC criticises misuse of anti-dowry legislation for ‘personal vendetta’
3 months, 2 weeks 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 …

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

'Can't Have Another Trial Before The Registry': Madras HC Directs Family Court To Number Wife's Plea Without Asking For Evidence That Couple Are Hindus
5 months, 3 weeks ago

'Can't Have Another Trial Before The Registry': Madras HC Directs Family Court To Number Wife's Plea Without Asking For Evidence That Couple Are Hindus

Live Law  

The Madras High Court has directed the Family Court in Chennai to number a petition filed by a wife for restitution of conjugal rights without insisting on evidence that she and her husband are Hindus. Justice V Lakshminarayanan noted that though the husband had filed a divorce petition claiming that the couples were Christians while the wife had filed the …

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

Plea Alleging Cruelty During Marriage Not Maintainable After Divorce: Andhra Pradesh High Court
10 months, 1 week ago

Plea Alleging Cruelty During Marriage Not Maintainable After Divorce: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that when a marriage has already been dissolved, a petition under 498A and section 3 of the Dowry Prohibition Act is not maintainable. The order was passed in a criminal revision petition filed by the accused and his parents challenging the dismissal order passed against their discharge petitions in a criminal case filed …

Section 498A dilemma: India's bid for modern justice should not gloss over concerns for women's safety in marriages
10 months, 2 weeks ago

Section 498A dilemma: India's bid for modern justice should not gloss over concerns for women's safety in marriages

Hindustan Times  

The three new criminal laws are expected to turn a new leaf for criminal justice in the country. In 2023, there were nearly 22.8 lakh crimes reported against women, Of these, about 7 lakh, or 30 per cent, were reported under Section 498A of the IPC, according to the data recorded by the ministry of statistics and programme implementation in …

S.23(1)(B) Hindu Marriage Act | Divorce Petition Can't Be Dismissed If Acts Of Cruelty Once Condoned By Spouse Are Repeated: Allahabad High Court
11 months, 2 weeks ago

S.23(1)(B) Hindu Marriage Act | Divorce Petition Can't Be Dismissed If Acts Of Cruelty Once Condoned By Spouse Are Repeated: Allahabad High Court

Live Law  

The Allahabad High Court has held that divorce petition cannot be dismissed under Section 23 of the Hindu Marriage Act, 1955 if acts of cruelty which were once condoned by the spouse are repeated. Since the wife had continued her relationship outside of marriage, the Court held that there was cause of action for filing the divorce petition. Section 23 …

'Second Wife' Can't Maintain Complaint Against 'Husband' U/S 498A IPC; 'Dowry Prohibition Act' May Get Attracted In Such Cases: Allahabad HC
11 months, 3 weeks ago

'Second Wife' Can't Maintain Complaint Against 'Husband' U/S 498A IPC; 'Dowry Prohibition Act' May Get Attracted In Such Cases: Allahabad HC

Live Law  

The Allahabad High Court has held that a complaint under Section 498-A of the IPC is not maintainable against a husband at the instance of a 'second wife', however, in such cases, the Dowry Prohibition Act, 1961 may get attracted if there is a demand of dowry. 1-husband had not obtained a divorce from his first wife and hence, prosecution …

Mere Withdrawal From Marriage Won't Amount To Offence Of Cheating Under Section 417 IPC : Supreme Court
1 year, 1 month ago

Mere Withdrawal From Marriage Won't Amount To Offence Of Cheating Under Section 417 IPC : Supreme Court

Live Law  

The Supreme Court held that mere non-performance of marriage by the accused at the booked marriage hall doesn't amount to committing an offence of cheating punishable under Section 417 IPC.“We do not see how an offence even under Section 417 of IPC is made out against the present appellant. The Supreme Court held that mere non-performance of marriage by the …

Analysing India’s progress towards the elimination of child marriages
1 year, 1 month ago

Analysing India’s progress towards the elimination of child marriages

Hindustan Times  

India has made remarkable strides in the decline of child marriages over the last few decades and has led global progress to eliminate the practice. There is also a discrepancy in reported numbers, where despite high prevalence of child marriages recorded under NFHS-V, National Crime Records Bureau’s annual ‘Crime in India’ report recorded an average of only around 360 incidents …

Lodging False Case U/S 498A IPC Is An Element Of Cruelty By Wife, Cannot Ignore The Same: Calcutta High Court Allows Dissolution Of Marriage
1 year, 2 months ago

Lodging False Case U/S 498A IPC Is An Element Of Cruelty By Wife, Cannot Ignore The Same: Calcutta High Court Allows Dissolution Of Marriage

Live Law  

The Calcutta High Court has recently held that a wife making false allegations against her husband & his family members under section 498A of the IPC would constitute an element of the offence of cruelty, which is a ground for dissolution of marriage under the Hindu Marriage Act.In allowing the husband's plea for dissolution of marriage, a division bench of …

Section 498-A IPC Being Misused As A Weapon By Disgruntled Wives: Jharkhand High Court
1 year, 4 months ago

Section 498-A IPC Being Misused As A Weapon By Disgruntled Wives: Jharkhand High Court

Live Law  

Expressing its concern against misuse of Section 498A IPC, the Jharkhand High Court recently said that this provision of law is being misused as a weapon, rather than a shield, by 'disgruntled wives'. There is a phenomenal increase in matrimonial disputes in recent years and it appears that in many cases, the object of Section 498-A of the Indian Penal …

What has the Supreme Court said about the validity of ‘self-respect’ marriages? | Explained
1 year, 6 months ago

What has the Supreme Court said about the validity of ‘self-respect’ marriages? | Explained

The Hindu  

The story so far: Affirming the fundamental right to choose one’s life partner, the Supreme Court on August 28 held that ‘self-respect’ marriages or ‘suyamariyathai’ under Section 7 of the Hindu Marriage Act, 1955, do not need public solemnisation or declarations, setting aside a May 2023 Madras High Court judgement. In doing so, a Bench comprising Justices S. Ravindra Bhat …

Lawyers Can Solemnise ‘Self Respect Marriage’ Under Amended Hindu Marriage Law in Tamil Nadu: SC
1 year, 6 months ago

Lawyers Can Solemnise ‘Self Respect Marriage’ Under Amended Hindu Marriage Law in Tamil Nadu: SC

News 18  

In a significant order, the Supreme Court on Monday said the lawyers can solemnise ‘Suyamariyathai’ marriages between two consenting adults under the amended Hindu Marriage Act in Tamil Nadu. The Tamil Nadu government, in 1968, had amended one of the provisions of the Act to legalise Suyamariyathai marriages, to radically simplify weddings by shunning mandatory brahmin priests, holy fire and …

Calcutta High Court Discharges Widow In FIR Accusing Her Of Marrying A Married Man And Subjecting His Wife To Cruelty
1 year, 10 months ago

Calcutta High Court Discharges Widow In FIR Accusing Her Of Marrying A Married Man And Subjecting His Wife To Cruelty

Live Law  

The Calcutta High Court at Jalpaiguri circuit bench has discharged a widow in an FIR under Sections 498A, 494 and 506 of IPC accusing her of marrying the husband of the complainant, on the ground that materials on record including complaint prima facie revealed that the allegations were levelled against the against the principal accused i.e. The single judge bench …

Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]
1 year, 10 months ago

Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]

Live Law  

Penal Code, 1860 - Constitutional Courts can impose fixed term sentence even in cases where death penalty was not proposed - "Even in a case where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed-term sentence by directing that a life sentence, as contemplated by “secondly” …

SMA rules must be reconsidered
1 year, 11 months ago

SMA rules must be reconsidered

Hindustan Times  

The fractious question of interfaith relationships was first legislated in India in the second half of the 19th century as sweeping reformist movements such as Brahmo Samaj petitioned the British government to find a path forward for couples separated by religion, and the diktat of their strict customary laws. From the swirling debate around the reformation of the Hindu personal …

Explained | What is India’s stand on same-sex marriage?
2 years ago

Explained | What is India’s stand on same-sex marriage?

The Hindu  

The story so far: On March 13, a Bench led by Chief Justice of India D.Y. The Courts, leaning on Article 21 that guarantees the right to life and liberty, have time and again ruled in favour of inter-faith and inter-caste marriages, directing the police and other rights organisations to give them protection when they were threatened by parents or …

Same-sex marriage to be legal in India? Here’s what Supreme Court said
2 years ago

Same-sex marriage to be legal in India? Here’s what Supreme Court said

Live Mint  

The Supreme Court of India on heard the arguments on the plea seeking legal validation of same-sex marriages in India. The Supreme Court noted that legalising same sex marriage in India is a ‘seminal Issue’ and noted that a constitution bench of five judges would further make a decision on the plea. “Issue concerning same-sex marriages is of seminal importance …

Conviction U/S 498A IPC Not Sustainable When Marriage Is Found To Be Null & Void : Supreme Court
2 years, 1 month ago

Conviction U/S 498A IPC Not Sustainable When Marriage Is Found To Be Null & Void : Supreme Court

Live Law  

The Supreme Court observed that the conviction under Section 498-A IPC would not be sustainable when the marriage was found to be null and void.In this case, the accused were convicted for the offences punishable under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. The Supreme Court observed that the conviction under Section 498-A IPC …

S.498-A IPC: Bombay HC Bats For Making Offence Compoundable In Maharashtra, Says Minimum 10 Quashing Petitions Are Filed Everyday
2 years, 5 months ago

S.498-A IPC: Bombay HC Bats For Making Offence Compoundable In Maharashtra, Says Minimum 10 Quashing Petitions Are Filed Everyday

Live Law  

The Bombay High Court has urged the Union of India to consider Maharashtra's bill to make domestic violence cases compoundable with the permission of the concerned court citing hardships caused to innumerable couples who are constrained to approach the High Court for quashing. "The importance of making the Section 498A compoundable with the permission of the Court, can hardly be …

Supreme Court seeks Centre’s response - The Hindu
2 years, 6 months ago

Supreme Court seeks Centre’s response - The Hindu

The Hindu  

The Supreme Court on Friday, September 16, 2022, sought a response from the government on appeals to criminalise marital rape. During the brief hearing, All India Democratic Women's Association, represented by advocate Karuna Nundy, said both judges in the Bench in the Delhi High Court had agreed that the case raised a substantial question of law which required an authoritative …

Restitution Of Conjugal Rights Does Not Violate Right To Privacy; Continuation Of Marriage Legitimate State Interest : Centre Tells Supreme Court
2 years, 6 months ago

Restitution Of Conjugal Rights Does Not Violate Right To Privacy; Continuation Of Marriage Legitimate State Interest : Centre Tells Supreme Court

Live Law  

The Central Government has today filed a Counter Affidavit opposing a plea filed in the Supreme Court challenging the constitutional validity of the Section 9 of the Hindu Marriage Act, Section 22 of the Special Marriage Act and Order 21 Rule 22 and 23 of the Code of Civil Procedure which are provisions relating to the restitution of Conjugal Rights. …

Dowry Death | S.113B Of Evidence Act Casts A Reverse Burden On Accused To Disprove Prosecution Case: Kerala High Court
2 years, 7 months ago

Dowry Death | S.113B Of Evidence Act Casts A Reverse Burden On Accused To Disprove Prosecution Case: Kerala High Court

Live Law  

The Kerala High Court on Tuesday held that in dowry death cases, Section 113B of the Indian Evidence Act casts a reverse burden on the accused to disprove the prosecution case. Upon appreciating the evidence in the case, the Court examined the essentials required to constitute an offence of dowry death under Section 304B. Therefore, finding that the prosecution failed …

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 …

"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, …

Why do we need a law for ‘restitution of conjugal rights’? | In Focus podcast
3 years, 1 month ago

Why do we need a law for ‘restitution of conjugal rights’? | In Focus podcast

The Hindu  

In February 2019, a petition was filed in the Supreme Court, challenging Section 9 of the Hindu Marriage Act, 1955. The petition challenging this law, titled Ojaswa Pathak vs Union of India, was last heard on July 8, 2021 and has been pending since then, with the Supreme Court website showing no further dates. Meanwhile, adding another twist to the …

Sec 498A IPC Conviction Should Not Be Maintained When There Is A Genuine Settlement Of Matrimonial Disputes : Supreme Court
3 years, 2 months ago

Sec 498A IPC Conviction Should Not Be Maintained When There Is A Genuine Settlement Of Matrimonial Disputes : Supreme Court

Live Law  

Emphasizing the duty of the Court to encourage genuine settlement of matrimonial disputes, the Supreme Court set aside conviction of a man under Section 498A of the Indian Penal Code, 1860.In this case, the husband was convicted under Section 498-A IPC and was sentenced to undergo simple imprisonment of three years. Emphasizing the duty of the Court to encourage genuine …

Need For A legislative Overhaul Of Dowry Prohibition Statutes
3 years, 3 months ago

Need For A legislative Overhaul Of Dowry Prohibition Statutes

Live Law  

The Department of Women Welfare in Uttar Pradesh has sought affidavits from public servants declaring that they have received no dowry when they got married. The Dowry Prohibition Act, 1961 was enacted to prohibit the "giving and receiving of dowry". Criminalizing the "unwilling act" of the victim and her family is the primary obstacle in serving justice, Section 3 of …

Inter-Religious Marriage- "Woman Major, Has Right To Choose Her Partner": Allahabad HC Quashes FIR U/S 366 IPC Against Husband
3 years, 6 months ago

Inter-Religious Marriage- "Woman Major, Has Right To Choose Her Partner": Allahabad HC Quashes FIR U/S 366 IPC Against Husband

Live Law  

The Allahabad High Court last week quashed an FIR registered against a Muslim under Section 366 of IPC for allegedly kidnapping and marrying a Hindu girl.The Court was hearing the joint plea filed by the Woman and Man seeking quashing of the FIR claiming that the. The Allahabad High Court last week quashed an FIR registered against a Muslim under …

"Indian Society Becoming Homogenous, Traditional Barriers Of Religion Slowly Dissipating": Delhi High Court Bats For Uniform Civil Code
3 years, 8 months ago

"Indian Society Becoming Homogenous, Traditional Barriers Of Religion Slowly Dissipating": Delhi High Court Bats For Uniform Civil Code

Live Law  

Observing that the hope expressed under Article 44 of the Constitution should not remain a 'mere hope', the Delhi High Court on Wednesday expressed the need for having a Uniform Civil Code after noting that the Indian society is gradually becoming homogenous while the traditional barriers are slowly disappearing. Justice Pratibha M Singh observed, "In modern Indian society which is …

'Important' : Supreme Court Seeks Centre's Affidavit In Challenge To Provisions On Restitution Of Conjugal Rights
3 years, 8 months ago

'Important' : Supreme Court Seeks Centre's Affidavit In Challenge To Provisions On Restitution Of Conjugal Rights

Live Law  

While adjourning the hearing to July 22, Supreme Court on Thursday granted two weeks time to the Union of India to file its counter affidavit in the plea filed challenging the provisions dealing with restitution of conjugal rights.A bench comprising Justice RF Nariman, Justice KM Joseph and Justice BR Gavai adjourned the matter for two weeks after ASG Aishwarya Bhati, …

SC Tags Plea Challenging Provisions Prescribing Different Ages For Marriage Tagged With Transfer Plea On Petitions Seeking Uniform Age Of Marriage
3 years, 8 months ago

SC Tags Plea Challenging Provisions Prescribing Different Ages For Marriage Tagged With Transfer Plea On Petitions Seeking Uniform Age Of Marriage

Live Law  

The Supreme Court on Monday tagged the petition challenging provisions which prescribe different ages for eligibility of marriage for the intended bride and groom with a pending petition seeking transfer of petitions before Rajasthan High Court and Delhi High Court that seek for a uniform marriage age for both men and women.A Bench headed by Justice AM Khanwilkar heard Senior …

No one is dying due to lack of marriage registration: Centre tells HC on same-sex marriage plea
3 years, 10 months ago

No one is dying due to lack of marriage registration: Centre tells HC on same-sex marriage plea

India Today  

While seeking adjournment of petitions demanding recognition of same-sex marriages under existing law, the Centre told the Delhi High Court on Monday that there are other urgent matters that need consideration. Centre opposes pleas to recognise same-sex marriage under special marriage act The Centre has opposed pleas to recognise same-sex marriage under the special marriage act. In its affidavit filed …

Section 41A CrPC: Allahabad High Court Issues Slew Of Direction To Ensure Compliance Of Safeguards From Arbitrary Arrest In 498A Cases
4 years, 1 month ago

Section 41A CrPC: Allahabad High Court Issues Slew Of Direction To Ensure Compliance Of Safeguards From Arbitrary Arrest In 498A Cases

Live Law  

In a significant judgment, the Allahabad High Court has directed the Police authorities to desist from making automatic/ routine arrests, especially in dowry cases, and strictly comply with the pre-conditions laid down under Section 41A of CrPC. It therefore directed the Magistrates/ Police authorities that when accused alleged with offence punishable up to 7 years imprisonment are produced before them, …

Delhi HC Issues Notice In A Plea Seeking Marriage Equality For Same Sex Couples Under Hindu Marriage Act
4 years, 4 months ago

Delhi HC Issues Notice In A Plea Seeking Marriage Equality For Same Sex Couples Under Hindu Marriage Act

Live Law  

Delhi High Court has issued notice in a plea seeking registration of marriages of the same-sex couples under the Hindu Marriage Act. The order has come in a plea moved by Abhijit Iyer Mitra seeking registration of marriages of LGBTQIA couples under the Hindu Marriage Act. Today, the Petitioner argued that the language used in the Hindu Marriage Act is …

Marriage Equality For Same-Sex Couples: The Delhi HC Says This Is Not an Adversarial Petition
4 years, 5 months ago

Marriage Equality For Same-Sex Couples: The Delhi HC Says This Is Not an Adversarial Petition

Live Law  

The Division bench of Justice Rajiv Sahai Endlaw and Justice Asha Menon at the Delhi HC on Wednesday heard the petition for Marriage Equality filed by two same-sex couples. Mr. Vaibhav Jain and his partner Mr. Parag Mehta were denied certificate of registration of their marriage by the Indian Consulate on the ground of sexual orientation alone while Dr. Kavita …

SC Issues Notice On Plea Challenging Provisions Of Special Marriages Act Requiring Publication Of Private Details Of Parties Intending Marriage [Read Order]
4 years, 6 months ago

SC Issues Notice On Plea Challenging Provisions Of Special Marriages Act Requiring Publication Of Private Details Of Parties Intending Marriage [Read Order]

Live Law  

The Supreme Court on Wednesday issued notice in a plea challenging provisions of the Special Marriages Act, 1954 in so far as they require the parties to the marriage to establish their private details, open for public scrutiny, before 30 days of intended marriage.A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun issued notice in the …

Plea In SC Seeks Direction To The Centre For Uniform Grounds Of Divorce For All Citizens Regardless Of Religion, Race, Caste, Sex, Place Of Birth [Read Petition]
4 years, 7 months ago

Plea In SC Seeks Direction To The Centre For Uniform Grounds Of Divorce For All Citizens Regardless Of Religion, Race, Caste, Sex, Place Of Birth [Read Petition]

Live Law  

The Supreme Court has been moved in a PIL seeking a direction to the Centre to take apposite steps to remove anomalies in the grounds of divorce & make them uniform for all citizens without prejudice on the basis of religion, race, caste, sex or place of birth in spirit of the Articles 14, 15, 21, 44 and international conventions. …

'Disgruntled' Wives Using Section 498A IPC As A Weapon To Harass Relatives Of Husband: Punjab & Haryana HC [Read Judgment]
4 years, 10 months ago

'Disgruntled' Wives Using Section 498A IPC As A Weapon To Harass Relatives Of Husband: Punjab & Haryana HC [Read Judgment]

Live Law  

The Punjab and Haryana High Court has expressed its concern against misuse of Section 498A IPC by 'disgruntled wives'. While quashing a case filed by a woman against her in-laws, justice Jaishree Thakur observed: "It has become a common practice to use the provisions of Section 498- A IPC as a weapon rather than shield by disgruntled wives. The accused …

Indian Court Has Jurisdiction Over Domestic Violence Committed Against Indian Abroad: Bombay HC [Read Judgment]
5 years, 5 months ago

Indian Court Has Jurisdiction Over Domestic Violence Committed Against Indian Abroad: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has held that Indian court will have jurisdiction over a complaint under Section 498-A IPC for domestic violence committed abroad. Neelima filed a case under Section 12 of Protection of Women from Domestic Violence Act, 2005 before the Metropolitan Magistrate Court, Mulund. In the light of judgment of Hon'ble Supreme Court in the aforesaid case, and …

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