Courts Where Wife Takes Shelter After Leaving Matrimonial Home Due To Cruelty Can Entertain Section 498A IPC Complaint : Supreme Court
1 year, 3 months ago

Courts Where Wife Takes Shelter After Leaving Matrimonial Home Due To Cruelty Can Entertain Section 498A IPC Complaint : Supreme Court

Live Law  

The Supreme Court recently held that the place where the wife lives and seeks shelter after leaving her husband's home due to cruelty will have jurisdiction to entertain complaints under Section 498-A, depending on the factual situation. Referring to a 3-judge bench decision in Rupali Devi v. State of U.P., 5 SCC 384, the court observed “The Courts at the place where the wife takes shelter after leaving or being driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, depending on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offenses under Section 498-A of the IPC. The Supreme Court bench comprising Justices B.V. Nagarathna and Justice Ujjal Bhuyan was hearing an SLP against the judgment of Sessions Judge, Bangalore which had allowed the extraterritorial bail petition by the accused husband. The ruling clarified that adverse effects on the mental health of the wife, even when residing in her parental home due to acts committed in the matrimonial home, amounted to cruelty under Section 498A.

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History of this topic

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

Wife Cannot Be Charged With Extortion For Seeking, Being Granted Maintenance By A Competent Court: Karnataka High Court
1 month, 2 weeks ago

Wife Cannot Be Charged With Extortion For Seeking, Being Granted Maintenance By A Competent Court: Karnataka High Court

Live Law  

The Karnataka High Court has held that there cannot be an offence of extortion registered against the wife when she initiates proceedings for maintenance and the concerned Court grants maintenance amount to her. The bench said “In the considered view of the Court, there cannot be an offence of extortion when the wife initiates proceedings for maintenance and the concerned …

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 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, …

Bombay HC rules wife filing false cases entitles husband for a divorce on grounds of ‘cruelty’
2 months 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
2 months, 3 weeks 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 …

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

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

Karnataka High Court Stays Probe In Cruelty Case Lodged Against Husband 'For Caring More For Pet Cat Than Wife'
3 months ago

Karnataka High Court Stays Probe In Cruelty Case Lodged Against Husband 'For Caring More For Pet Cat Than Wife'

Live Law  

The Karnataka High Court on Thursday stayed all further investigation in a cruelty case lodged against a man, after noting that instead of alleging cruelty the wife's complaint primarily alleged that her husband took more care of their pet cat than her. Finding that offence of IPC Section 498A is not made out, the court underscored that such frivolous cases …

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 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 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 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 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 …

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
5 months, 2 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 …

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. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC
7 months, 1 week ago

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

Live Law  

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

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 …

Offence of cruelty to wife inapplicable in live-in relationship: Kerala High Court
1 year, 4 months ago

Offence of cruelty to wife inapplicable in live-in relationship: Kerala High Court

Hindustan Times  

The Kerala High Court recently observed that punishments relating to cruelty to a married woman, under Indian Penal Code section 498A, cannot be applied to or invoked by women in live-in relationships. But, when there was no solemnisation of marriage at all, and only live in relationship on the basis of a marriage agreement, then the woman cannot seek shelter …

Cruelty Under Section 498A of IPC Not Applicable to Live-in Relationships: Kerala HC
1 year, 5 months ago

Cruelty Under Section 498A of IPC Not Applicable to Live-in Relationships: Kerala HC

News 18  

A man or his relatives cannot be held guilty for cruelty towards a woman under section 498A of the IPC if there was only a live-in relationship and no solemnisation of marriage, the Kerala High Court has held. The High Court said that the trial and appellate courts “went wrong in finding the revision petitioners guilty under section 498A and …

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” …

Cruelty against husbands under the Indian law
2 years, 4 months ago

Cruelty against husbands under the Indian law

Hindustan Times  

Recently, the Punjab and Haryana High Court allowed the divorce petition of a man alleging cruelty and desertion by his wife. However, Section 13 of the Hindu Marriage Act,1956 allows both the wife and the husband to seek a divorce by alleging that their spouse has subjected them to cruelty after marriage. Therefore, even though there is no specific punishment …

'Cruelty' & 'Abetment To Suicide' Independent Offences; Accused Being Guilty Of Former Doesn't Imply He's Automatically Guilty Of Latter: Kerala High Court
2 years, 7 months ago

'Cruelty' & 'Abetment To Suicide' Independent Offences; Accused Being Guilty Of Former Doesn't Imply He's Automatically Guilty Of Latter: Kerala High Court

Live Law  

The Kerala High Court on Tuesday held that merely because an accused is found guilty under Section 498A of the IPC, does not imply that he must also be held guilty of abetting his wife's suicide under Section 306 IPC. The Court was adjudicating upon an appeal moved by the husband and mother-in-law of a deceased woman, challenging their conviction …

Bombay High Court denies relief to husband, in-laws accused of cruelty by wife
2 years, 9 months ago

Bombay High Court denies relief to husband, in-laws accused of cruelty by wife

India Today  

The Nagpur bench of Bombay High Court has refused to grant any relief to husband and in-laws of a woman who was subjected to cruelty at home. The bench of Justices SB Shukre and GA Sanap said, "It is well settled law that the allegations made by the witnesses against the accused persons are to be scrutinised on their face …

'Mental Cruelty' if Wife Bent Upon Targeting Husband's Career, Reputation: Punjab and Haryana HC
2 years, 11 months ago

'Mental Cruelty' if Wife Bent Upon Targeting Husband's Career, Reputation: Punjab and Haryana HC

News 18  

If a woman is bent upon destroying the career and reputation of her estranged husband by raising complaints against him to his seniors, it would amount to mental cruelty, making the man entitled to a divorce, the Punjab and Haryana High Court has ruled. The court was hearing a plea filed by an Indian Air Force personnel to divorce his …

Long Non-Cohabitation Due To Deliberate Avoidance Not Ground For Divorce When Other Spouse Has No Fault & Is Ready To Continue Marriage: Kerala HC
3 years, 1 month ago

Long Non-Cohabitation Due To Deliberate Avoidance Not Ground For Divorce When Other Spouse Has No Fault & Is Ready To Continue Marriage: Kerala HC

Live Law  

In a noteworthy judgment, the Kerala High Court on Wednesday made several important observations on matrimonial cruelty and the scope of revival of condoned matrimonial offences. A Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas dismissed an appeal filed by a woman seeking to reverse the order of a Family Court which rejected her plea for divorce …

Allegations In Matrimonial Case Can Lead To Criminal Defamation: Karnataka HC [Read Judgment]
4 years, 5 months ago

Allegations In Matrimonial Case Can Lead To Criminal Defamation: Karnataka HC [Read Judgment]

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 …

Husband Who Got Acquitted After Trial In 498A IPC Case Can Seek Divorce On The Ground Of Cruelty: SC [Read Order]
5 years, 3 months ago

Husband Who Got Acquitted After Trial In 498A IPC Case Can Seek Divorce On The Ground Of Cruelty: SC [Read Order]

Live Law  

The Supreme Court has observed that when a husband undergoes a trial in which he is acquitted of the allegation of offence levelled by his wife under Section 498-A of Indian Penal Code, it cannot be said that no cruelty has meted on him.In this case, the High Court had refused to grant divorce to the husband by observing that …

Legal Course Adopted By Wife To Protect Her Rights Cannot Be Termed As 'Cruelty' On The Husband: SC [Read Judgment]
5 years, 6 months ago

Legal Course Adopted By Wife To Protect Her Rights Cannot Be Termed As 'Cruelty' On The Husband: SC [Read Judgment]

Live Law  

The Supreme Court has observed that legal course adopted by a wife to protect her rights cannot be considered as inflicting cruelty on the husband.The bench comprising Justice R. Banumathi and Justice AS Bopanna also reiterated that irretrievable breakdown of marriage by itself is not a ground provided under the statute for seeking dissolution of marriage. The Supreme Court has …

Suspecting Wife’s Character Amounts To Cruelty, Valid Ground For Divorce: Bombay HC [Read Judgment]
8 years, 5 months ago

Suspecting Wife’s Character Amounts To Cruelty, Valid Ground For Divorce: Bombay HC [Read Judgment]

Live Law  

The Nagpur Bench of Bombay High Court in Vibha Goswami v. Arun Goswami, held that suspecting wife’s character, physically assaulting her and harassing her for coming home late after work amounts to cruelty and is a valid ground for divorce.The Bench comprising Justice Vasanti A. Naik and Justice Indra Jain granted the wife divorce on the ground of cruelty.The wife …

‘Cruelty’ not wives’ forte anymore, Husbands are also victims of Cruelty
8 years, 9 months ago

‘Cruelty’ not wives’ forte anymore, Husbands are also victims of Cruelty

Live Law  

Ground of ‘Cruelty’ is not wives’ forte anymore, as for last couple of years, Indian Courts are seen granting divorce to husbands from their “cruel” wife. The cruelty imparted by wife towards husband ranges from denial of sex to filing of false complaints.Apex Court in 2014 made it very categorical that Denial of Sex to Husband for long time without …

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