1 month, 2 weeks 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 Amit Mahajan said. While the provision of Section 498A of the IPC was introduced with an object to combat harassment meted out to married woman,” the Court said. “On the other hand, the complaint seems to suggest that the petitioner refused to take dowry at the time of marriage and the rancour was between the petitioner's family and Respondent No.2,” the Court said.

Family Court Harassment Delhi High Court Section 498A Ipc Fir Husband Dowry His Family Members Genuine Cases court husband ground harassment exist observed dowry genuine high doesnt misuse members fir delhi mean ipc family allegations dont

History of this topic

2 weeks 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 …

1 month ago

Delhi HC upholds conviction in 2015 harassment case, cites public safety issues

Hindustan Times

New Delhi: The Delhi High Court, in a verdict delivered on Friday, highlighted the persistent safety challenges faced by women in public spaces, including public transport, despite decades of independence and the existence of stringent laws intended to protect women. The accused was convicted and sentenced by Metropolitan magistrate in November 2019 and the same was upheld by additional sessions …

1 month, 1 week ago

Delhi HC refuses to quash FIR against Swati Maliwal for revealing identity of 14-year-old rape victim

Hindustan Times

New Delhi The FIR was initially registered by the Delhi Police under Section 228A of the Indian Penal Code in July 2016. The Delhi high court has refused to quash the FIR against former Delhi Commission for Women and Aam Aadmi Party parliamentarian Swati Maliwal for allegedly revealing the identity of a 14-year-old rape victim to the media. A bench …

1 month, 2 weeks ago

Senior's reprimand at workplace not criminal offence, Supreme Court rules

India Today

Senior's admonition at the workplace does not amount to an "intentional insult" requiring criminal proceedings, the Supreme Court has held. The top court said allowing criminal charges to be pressed against individuals in such cases may lead to disastrous consequences, crippling the entire disciplinary atmosphere required in the workplace. A bench of Justices Sanjay Karol and Sandeep Mehta said that …

1 month, 2 weeks 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 …

1 month, 3 weeks 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 …

1 month, 3 weeks ago

S.498A IPC Not Misused By All But Is Misunderstood, Society's Mindset Obstructs Women From Reporting Domestic Abuse: Justice Neela Gokhale

Live Law

Justice Dr Neela Gokhale on Friday said that Section 498A IPC has not been misused but misunderstood by everyone. The judge stated that while section 498A may be misused by a very handful women but that cannot be used to "paint the entire drawing board in one colour." The mindset that "Doli me baith ke aayi hai toh Arthi pe …

2 months, 2 weeks ago

Delhi HC Rejects Argument That Wife's Hospitalization Is Essential For Invoking S.498A, Says 'Narrow Interpretation' Will Silence Many Victims

Live Law

The Delhi High Court has rejected a husband's argument that hospitalization of the wife is essential for establishing cruelty and harassment to her and for invoking Section 498A of Indian Penal Code, 1860. “Allowing such an argument to prevail – that hospitalization is a prerequisite for invoking Section 498A – would erode the very purpose of the provision. Section 498A …

3 months, 1 week 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 …

3 months, 2 weeks 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, …

3 months, 2 weeks 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 …

Trending News

3 months, 2 weeks ago

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

Live Law

3 months, 3 weeks 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 …

3 months, 3 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 …

3 months, 3 weeks 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 …

3 months, 3 weeks ago

Delhi High Court Quashes Rape FIR Citing Misuse Of Section 376 IPC, Says It's Used As Weapon By Some To Unnecessarily Harass Males

Live Law

The Delhi High Court has recently quashed a rape FIR against a man citing misuse of Section 376 of Indian Penal Code, 1860, observing that it was a classic example of how an innocent person had faced undue hardships due to misuse of the penal provision.“It is true that the provision under which the FIR has been lodged is one …

4 months, 2 weeks ago

Natural For Two Persons In Love To Hug & Kiss Each Other: Madras High Court Quashes Sexual Harassment Case Against Man

Live Law

The Madras High Court recently quashed criminal proceedings initiated against a man under Section 354A IPC for allegedly committing sexual harassment on a girl. Justice Anand Venkatesh observed that to constitute an offence of sexual harassment, a man must have committed physical contact and made advances involving unwelcome and explicit sexual overtures. In the present case, the court noted that …

6 months 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 …

7 months, 1 week 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. …

7 months, 3 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 …

8 months, 1 week 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 …

8 months, 2 weeks ago

Asking Name, Address Of Unknown Woman Inappropriate But Prima Facie Not Sexual Harassment: Gujarat High Court

Live Law

The Gujarat High Court has observed that asking an unknown woman her name, address, and mobile number may be inappropriate but does not prima facie constitute sexual harassment under Section 354A of the Indian Penal Code. This observation was made by Justice Nirzar Desai in a case involving a man from Gandhinagar, Samir Roy, who was booked under Section 354A …

10 months, 1 week 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 …

10 months, 3 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 …

1 year ago

75-year-old booked for sexually harassing woman

Hindustan Times

Noida: A 75-year-old man has been booked for allegedly sexually harassing a 26-year-old woman on the pretext of offering her employment in Noida’s Sector 94 on February 6, police said on Sunday. Following the woman’s complaint, a sexual harassment case under the Indian Penal Code was registered at Sector 126 police station on Saturday. “The survivor, a resident of Noida, …

1 year, 3 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 …

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 …

1 year, 5 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. …

1 year, 7 months ago

Making False Allegations Of Dowry Harassment Or Rape Against Husband’s Family Members Is An Act Of Extremely Cruelty: Delhi High Court

Live Law

The Delhi High Court has observed that making false allegations of dowry harassment or rape against the husband’s family members is an act of extreme cruelty for which there can be no condonation. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld a family court order which held a husband as entitled to divorce from …

1 year, 10 months ago

‘Court Proceedings Should Not Become Weapons of Harassment’: Calcutta HC Quashes 498A Case

News 18

The Calcutta High Court recently quashed a woman’s criminal proceedings under Section 498A of the Indian Penal Code against her husband and his relatives, alleging that she was subjected to physical and mental torture and was driven out of the matrimonial home, on the grounds that an earlier proceeding initiated by her on the basis of nearly identical allegations against …

1 year, 10 months ago

Court Proceeding Ought Not To Be Permitted To Degenerate Into A Weapon Of Harassment: Calcutta High Court Quashes 498A Case

Live Law

The Calcutta High Court recently quashed the criminal proceedings under Section 498A of IPC initiated by a woman against her husband and his relatives alleging that she was subjected to physical and mental torture and was driven out from the matrimonial home, on the ground that an earlier proceeding initiated by her on the basis of almost same allegations against …

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 …

$Marital rape: SC to hear on Sep 16 pleas arising out of Delhi HC\'s split verdict$

2 years, 6 months ago

Marital rape: SC to hear on Sep 16 pleas arising out of Delhi HC\'s split verdict

Deccan Chronicle

NEW DELHI: The Supreme Court Friday said it would hear on September 16 the pleas arising out of the Delhi High Court's split verdict on the issue of criminalisation of marital rape. Justice Rajiv Shakdher, who headed the division bench of the high court, had favoured striking down the marital rape exception and said it would be tragic if a …

2 years, 7 months ago

2020 Delhi riots: Court discharges 6 from offences under IPC sections 395, 436

Firstpost

In the last supplementary charge sheet, the prosecution said in respect of the offence under IPC section 436, there is no technical evidence or evidence in the nature of photographs and videos New Delhi: A Delhi court discharged six people from offences under IPC sections 395 and 436 in connection with the 2020 north east Delhi riots, while remanding the …

2 years, 9 months ago

Explained: What is section 295A under which Nupur Sharma has been booked

India Today

Former BJP spokesperson Nupur Sharma has been summoned by the Mumbra police in Maharashtra for her purported offensive comments against Prophet Mohammed during a TV debate. She was booked under sections 153A, 153 B, 295A, 298 and 505 of the IPC which means a case has been registered against her for 'promoting enmity, outraging religious feelings’, ‘uttering words with deliberate …

2 years, 10 months ago

Criminalisation of marital rape | Appeal filed in Supreme Court against Delhi High Court's split verdict

The Hindu

A petition was filed in the Supreme Court appealing against the Delhi High Court’s split verdict in the marital rape case. The judges of the High Court has differed on the cardinal issue whether men can face the charge of rape for forcing themselves on their wives. While Justice Shakdher, who headed the High Court Bench, favoured striking down the …

2 years, 10 months ago

Delhi High Court to pronounce verdict on pleas seeking criminalisation of marital rape today

Firstpost

The Delhi Court had on 21 February reserved its judgement on the petitions seeking to strike down the exception granted to husbands under the Indian rape law after conducting marathon hearings on the issue New Delhi: The Delhi High Court is scheduled to pronounce its verdict on a batch of pleas seeking the criminalisation of marital rape. A bench of …

3 years ago

Can Husband Be Prosecuted Under Section 377 IPC When Section 375 IPC Exempts Marital Sex? Delhi High Court To Consider

Live Law

The Delhi High Court has delinked from a batch of pleas seeking criminalisation of marital rape, a plea seeking to declare that a husband cannot be prosecuted for the offence of unnatural sex with his wife under Section 377 of the Indian Penal Code, when exception 2 to Section 375 gives exception to marital sex from the offence of rape.A …

3 years, 1 month ago

Pained To Note Increasing Tendency Of Filing Rape Complaints Against Male Members Of Husband's Family In Matrimonial Cases: Delhi HC

Live Law

The Delhi High Court has recently said that it is pained to note the increasing tendency of filing rape complaints in matrimonial cases against male members of the husband's family, just to exert pressure. Justice Subramonium Prasad said:"This Court is pained to note that in matrimonial cases, there is an increasing tendency of filing such complaints for an offence under …

3 years, 2 months ago

Fallacious sexual harassment allegations harm women empowerment, says Delhi HC

India Today

While setting aside an FIR registered by Delhi Police under Sections 354A and 506 of the Indian Penal Code against an assistant professor of Delhi University, the Delhi High Court said this merely trivialises the offence of sexual harassment and casts doubt on the veracity of the allegations filed by every other victim who has, in reality, faced sexual harassment. …

3 years, 2 months ago

Intercourse in Marriage Can't Be Labelled Rape, Wife Cannot Seek Specific Punishment to Satisfy Ego: Delhi HC Told

News 18

Sexual intercourse between husband and wife cannot be labelled rape and at worst such an act of wrongdoing can be called sexual abuse, and a wife cannot compel the prescription of a particular punishment against her husband to satisfy her ego, an intervenor said in the Delhi High Court on Tuesday. Counsel for the intervenor NGO, Hriday, told the court, …

3 years, 2 months ago

Marital rape: Sex worker has right to say no, why not married woman, asks Delhi HC

Firstpost

Senior advocate Raj Shekhar Rao, who is appointed as an amicus curiae to assist the court, argued that husband and wife are “two equals before the law” and there is no reason “why husband’s desire to have sex trump the wife’s desire not to” New Delhi: The Centre Thursday told the Delhi High Court that it was considering a “constructive …

4 years ago

It Is Now Becoming A Trend To Register FIRs Alleging Sexual Harassment Cases To Force a Party To Withdraw Complaint Or To Arm Twist A Party:Delhi HC

Live Law

Ruling that time has come to initiate action against persons who file frivolous complaints under Sections 354, 354A, 354B, 354C, 354D IPC etc. The Bench of Justice Subramonium Prasad sternly remarked that it is now becoming a trend to register FIRs alleging offences under Sections 354, 354A, 354B, 354C, 354D IPC either to force a party from withdrawing a complaint …

4 years, 3 months ago

"ICC Can't Comment On Personal Conduct Of Parties": Delhi High Court Shuns Moral Policing By Internal Committee In Cases Of Sexual Harassment At Workplace

Live Law

The Delhi High Court in a progressive judgment delivered on a writ petition by a female employee of Punjab National Bank has held that the jurisdiction of Internal Complaints Committee established under the Sexual Harassment of Women at Workplace Act, 2013, is limited to allegations of sexual harassment and whether a complaint is made out or not, to that effect. …

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 …

5 years, 3 months ago

'Whether Retweeting A Defamatory Tweet Amounts To Offence': Delhi HC Issues Notice On Kejriwal's Plea

Live Law

The Delhi High Court on Tuesday issued notice to Delhi opposition leader Vijender Gupta in an application filed by Arvind Kejriwal challenging a summons issued against him in a criminal defamation case.While issuing notice, the Single Bench of Justice Rajnish Bhatnagar also reserved order on whether to stay the proceedings against Kejriwal pending before the Magistrate. The Delhi High Court …

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 …

5 years, 8 months ago

Delhi HC Imposes Rs. 50,000 Cost On Woman For False Sexual Harassment Plea [Read Judgment]

Live Law

The Delhi High Court bench comprising of Justice J.R. Midha, while hearing a matter placed before it, recently fined the female petitioner Rs 50,000 for raising a false plea of sexual harassment. The petitioner, an Assistant Director with ESI Corporation in Manesar, Gurgaon in July, 2011 made a written complaint to the Director-General of ESI Corporation alleging sexual harassment by …

5 years, 8 months ago

Delhi: Woman files false sexual harassment case against colleague; fined for Rs 50,000

India TV News

A woman, who had filed a false complaint of sexual misconduct against her male colleague has been fined Rs 50,000 by Delhi High Court. The petition was dismissed by a single judge bench of the court presided by Justice JR Midha on July 9 and the court had directed her to deposit the cost with Delhi High Court Advocates Welfare …

Discover Related

1 day, 1 hour ago