‘Former Wife’ Not A ‘Relative’ Of Husband And Can’t Be Prosecuted For 498A IPC : Gujarat HC [Read Judgment]
7 years, 3 months ago

‘Former Wife’ Not A ‘Relative’ Of Husband And Can’t Be Prosecuted For 498A IPC : Gujarat HC [Read Judgment]

Live Law  

The Gujarat High Court has quashed a case against the former wife of a man whose present wife had filed a criminal case under Section 498A IPC arraying her as well, as an accused.The complainant wife had alleged that her husband after getting married to her, went back to his divorced wife. The Gujarat High Court has quashed a case against the former wife of a man whose present wife had filed a criminal case under Section 498A IPC arraying her as well, as an accused. The question whether a former husband can be prosecuted for a Section 498A IPC offence came up for consideration before Kerala High Court in M Abdul Sathar vs Aneesa. But, if the alleged act of cruelty is committed by a former husband on the divorced wife after divorce, no offence under Section 498A IPC will lie against him.

Gujarat Case 498A Section 498A Ipc Sec Her Husband Husband Wife 498A Ipc Section 498A Ipc  case  judgment  read  hc  offence  cant  court  relative  ipc  prosecuted  went  wife  498a  divorced  gujarat  husband

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
4 days, 16 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 …

Wife Cannot Implicate Husband's Uncle In Cruelty Case To Pressurize Husband's Family To Return 'Stridhan': J&K High Court
5 days, 9 hours ago

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

Live Law  

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

Unless Acts Constituting Both Abetment & Cruelty Are Set Out In Charge U/S 306 IPC, Conviction U/S 498A Can't Be Sustained: P&H High Court
6 days, 14 hours ago

Unless Acts Constituting Both Abetment & Cruelty Are Set Out In Charge U/S 306 IPC, Conviction U/S 498A Can't Be Sustained: P&H High Court

Live Law  

The Punjab & Haryana High Court has made it clear that unless the specific acts constituting both abetment and cruelty are explicitly set out in the charge under Section 306 IPC, a conviction under Section 498-A cannot be sustained in the absence of a separate charge of any specific charge for such offence. Justice Harpreet Singh Brar said, “an offence …

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

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 …

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 …

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
3 months ago

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

India Today  

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

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 …

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 …

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 …

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 …

Modern Legal System Doesn't Allow Claiming Damages For Adultery, Rejects Notion Of 'Owning' Spouse's Loyalty: Kerala High Court
3 months, 1 week ago

Modern Legal System Doesn't Allow Claiming Damages For Adultery, Rejects Notion Of 'Owning' Spouse's Loyalty: Kerala High Court

Live Law  

The Kerala High Court while reversing a decision of the Family Court granting compensation to the husband for his wife's alleged adulterous behaviour observed that India like many other jurisdictions does not recognize adultery as a ground for claiming damages. The former husband in his petition before the Family Court alleged that his former wife, while the marriage was subsisting …

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 …

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 …

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 …

Rape case against cricketer's relative in Gujarat on ex-fiance's complaint
3 months, 3 weeks ago

Rape case against cricketer's relative in Gujarat on ex-fiance's complaint

India Today  

A rape case has been filed against a cricketer's relative in Gujarat's Rajkot following a complaint by his ex-fiance, who accused him of engaging in sexual relations with her during their engagement and later calling off the marriage. Senior police officer Jagdish Bangarwa confirmed the registration of an FIR for rape against Jeet Pabari but stated that an arrest cannot …

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

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

Live Law  

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

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

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

Live Law  

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

Mewat man fined ₹1 lakh for attempting to conceal identity of second wife
4 months, 2 weeks ago

Mewat man fined ₹1 lakh for attempting to conceal identity of second wife

Hindustan Times  

The Punjab and Haryana high court has fined a Mewat man with ₹1 lakh for trying to “conceal” identity of his second wife, whom he married recently, in a protection plea filed before the court. The plea has been filed seeking directions to local police to ensure that both of the man and his second wife are not harmed. He …

'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 …

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. …

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, 2 weeks 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 …

S. 377 IPC | Uttarakhand High Court Stays Revision Court Order Exonerating Man From Charge Of Having 'Unnatural Sex' With Wife
7 months, 3 weeks ago

S. 377 IPC | Uttarakhand High Court Stays Revision Court Order Exonerating Man From Charge Of Having 'Unnatural Sex' With Wife

Live Law  

The Uttarakhand High Court has stayed the order of a Revisional Court which had exonerated a husband from the charge of Section 377 IPC, which prohibits non-consensual unnatural sex. This comes a day after a coordinate bench of the High Court held that a husband cannot be prosecuted under Section 377 IPC as Section 375 IPC exempts marital sex and …

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court
8 months ago

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court has held that allegations of ill-treatment made by a man against his own family members will not fall within the ambit of section 498A of the Indian Penal Code. Allegations of ill-treatment by a man against his own family members do not fall within the scope and ambit of Section 498 of …

Husband Can't Be Held Guilty U/S 377 IPC For 'Unnatural Sex' With Wife: Uttarakhand High Court
8 months ago

Husband Can't Be Held Guilty U/S 377 IPC For 'Unnatural Sex' With Wife: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has observed that if an act between the husband and wife is not punishable under Section 375 IPC due to operation of Exception 2 to it, a husband can't be held guilty under Section 377 IPC for 'unnatural sex' with the wife. Relying upon the Supreme Court's decision in the case of Navtej Singh Johar and …

Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant
10 months ago

Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant

Live Law  

The Supreme Court recently quashed the conviction of a man for the offence of stalking and criminal intimidation of the Indian Penal Code after noting that the convict and the complainant married each other during the pendency of the appeal before the Supreme Court.The appellant was tried for the offences of sexual harassment,. The Supreme Court recently quashed the conviction …

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 …

‘Unnatural sex by a man with his wife is not rape, absence of consent irrelevant’: MP High Court
10 months, 2 weeks ago

‘Unnatural sex by a man with his wife is not rape, absence of consent irrelevant’: MP High Court

Op India  

The Madhya Pradesh High Court observed that despite ‘Marital rape’ not being recognized as an offence in India, any sexual intercourse, including unnatural sex by a husband with his wife, does not constitute rape, as the wife’s consent is deemed irrelevant in such instances. “…insertion of penis in the anus of a woman has also been included in the definition …

'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, 2 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 …

Second Spouse Or Their Family Can't Be Prosecuted For Bigamy Under Section 494 IPC: Karnataka High Court
11 months, 3 weeks ago

Second Spouse Or Their Family Can't Be Prosecuted For Bigamy Under Section 494 IPC: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that it is only the husband or wife who marries for the second time during the subsistence of an earlier marriage and the life time of the earlier spouse, who can be prosecuted under Section 494 of the Indian Penal Code. On a perusal of Section 494 IPC, the bench said- whoever, …

Husband Would Know Wife's Caste Identity, Presumption Under Section 8 SC/ST Act Applies: Kerala High Court
1 year ago

Husband Would Know Wife's Caste Identity, Presumption Under Section 8 SC/ST Act Applies: Kerala High Court

Live Law  

The Kerala High Court has held that the presumption under Section 8 of the SC/ST Prevention of Atrocities Act regarding knowledge of accused about victim's caste or tribal identity is applicable, if the victim is the wife of the accused. Section 8 says there is a presumption that the accused would be aware of the victim's caste or tribal identity …

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 …

'Rape is rape even if committed by a husband against wife': Gujarat HC
1 year, 3 months ago

'Rape is rape even if committed by a husband against wife': Gujarat HC

Op India  

Amid a series of pleas arguing for the criminalisation of marital rape pending before the Supreme Court, the Gujarat High Court in its recent order observed that rape is rape even if it is committed by a husband against his wife. In its 8th December order, a single-judge bench of Justice Divyesh Joshi highlighted that marital rape is illegal in …

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 …

Husband booked for faking himself as IT engineer
1 year, 4 months ago

Husband booked for faking himself as IT engineer

Hindustan Times  

The Uttam Nagar Police have lodged a case against a husband for faking himself as an IT professional to get married. After learning that he was a security guard who cheated on her, the wife filed an FIR. According to PSI Anuse of the Uttam Nagar police station, the victim filed an FIR under IPC section 498 A on Saturday. …

Offence of cruelty to wife inapplicable in live-in relationship: Kerala High Court
1 year, 5 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 …

Day-To-Day Bickering Between Husband & Wife Not ‘Cruelty’ Under Section 498A IPC: Calcutta High Court
1 year, 6 months ago

Day-To-Day Bickering Between Husband & Wife Not ‘Cruelty’ Under Section 498A IPC: Calcutta High Court

Live Law  

The Calcutta High Court’s Circuit Bench at Jalpaiguri has recently held that cruelty contemplated u/s 498A would be different from general matrimonial disturbances faced by a couple, and that general allegations could not be made to establish a crime u/s 498A. In upholding the appellant’s conviction u/s 323 IPC for voluntarily causing hurt to his wife, while discharging him u/s …

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” …

Element Of Love Affair, Virtually Resided As Husband-Wife: Gujarat High Court Suspends Sentence Of POCSO Convict
2 years ago

Element Of Love Affair, Virtually Resided As Husband-Wife: Gujarat High Court Suspends Sentence Of POCSO Convict

Live Law  

The Gujarat High Court recently granted bail to a convict under POCSO Act on the ground that there was element of love affair and the prosecutorix had virtually resided with the convict as husband and wife, till they were apprehended. The applicant-convict approached the High Court in appeal against the judgment and order dated December 12, 2022 by which he …

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 …

498A IPC: Karnataka High Court Quashes Criminal Case Accusing Sister-in-Law Of Harassment, Says Omnibus Allegations Made
2 years, 1 month ago

498A IPC: Karnataka High Court Quashes Criminal Case Accusing Sister-in-Law Of Harassment, Says Omnibus Allegations Made

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, …

Protection Under Domestic Violence Act Not Available To Husband Or Male Member Of Family: Delhi High Court Stays Case Filed By Husband Against Wife
2 years, 1 month ago

Protection Under Domestic Violence Act Not Available To Husband Or Male Member Of Family: Delhi High Court Stays Case Filed By Husband Against Wife

Live Law  

Expressing a prima facie view, the Delhi High Court has said that the protection under Protection of Women from Domestic Violence Act, 2005 is not available to a husband or male member of the family, in view of sections 2 of the statute.Section 2 defines an “aggrieved person” as any woman who is, or has been, in a domestic relationship …

Karnataka Govt Supports Prosecution Of Husband For Marital Rape; Files Affidavit In Supreme Court Supporting High Court Judgment
2 years, 3 months ago

Karnataka Govt Supports Prosecution Of Husband For Marital Rape; Files Affidavit In Supreme Court Supporting High Court Judgment

Live Law  

The Karnataka Government has supported the prosecution of a husband in a case for marital rape. The State has filed an affidavit in the Supreme Court supporting a Karnataka High Court judgment which sustained the charges framed against a husband under Section 376 IPC for forcible sex with wife.In this connection, it is worthwhile to note that the Central Government …

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