News Muncher - category 498a

3 days, 3 hours 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 …

Supreme Court Court Cruelty Injury 498A Ipc Appellants

Women Need To Realise That Beneficial Laws Aren't Means To Threaten, Domineer Or Extort From Their Husbands : Supreme Court

Live Law

Once again expressing concerns about the misuse of domestic violence and dowry laws by disgruntled wives, the Supreme Court cautioned women not to abuse the laws which are meant for their protection. The Court observed that more often than not, provisions like Section 498A, 376, 377, 506 are invoked as a "combined package" to pressurise the husband to accede to …

Women Supreme Court Court Hindu Section 498A Ipc His Family

1 week ago

Supreme Court Weekly Round-up: December 9, 2024 To December 15, 2024

Live Law

Index Citations Kunhimuhammed @ Kunheethu v. State of Kerala 2024 LiveLaw 964 National Highways Authority of India v. G Athipathi and Others, Civil Appeal No. Case Details: Kirpal Singh v. Government of India Citation: 2024 LiveLaw 970 The Supreme Court has held that Section 14 of the Limitation Act, 1963 is applicable to the Arbitration and Conciliation Act, 1996. Case …

India Karnataka Justice Kerala Delhi Supreme Court High Court

1 week, 1 day 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, …

Family Supreme Court Cases Cruelty Case Marital Disputes Family Members

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 …

Supreme Court Court Cruelty Section 498A Ipc Complaint Husband

1 week, 5 days ago

Cruelty law being misused for personal vendetta against husband: Supreme Court

India Today

The Supreme Court has warned against the misuse of the law in marital dispute cases lodged by women against their husbands and families, saying that it cannot be used as a "tool to unleash personal vendetta". The court said the introduction of Section 498 was aimed at stopping cruelty inflicted on a woman by her husband and his family, by …

Family Supreme Court Court Cruelty Case His Family Husband

1 week, 5 days ago

Courts must exercise caution in dowry cases to prevent misuse of law: Supreme Court

India Today

The Supreme Court on Tuesday said courts must exercise caution in dowry harassment cases to prevent misuse of law and avoid unnecessary trouble to innocent family members observing a tendency to implicate husband's kin. The top court, therefore, said courts must exercise caution in such cases to prevent misuse of legal provisions and the legal process and avoid unnecessary harassment …

Family Court Section 498A Ipc Fir Members His Family

1 week, 5 days 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 …

Judgment Court Cases State 498A Section 498A Individuals

1 week, 6 days 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 …

Family Supreme Court Court Cruelty Case State 498A

2 weeks, 3 days ago

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

Live Law

The Karnataka High Court has quashed a criminal case registered by a woman against her brother-in-law and others alleging them of causing mental harassment to her when they after she had a feud with her husband called her to the matrimonial home for conciliation. The court said “The allegations may have to be answered by accused Nos.1, 2 and 3, …

Court Conciliation Case Family Members Section 498A Kar Husband

3 weeks, 6 days ago

Kerala High Court Weekly Round-Up: November 18 – November 24, 2024

Live Law

Nominal Index Nimija v State of Kerala, 2024 LiveLaw 727 Case Title: TNS India Pvt. Ltd. v. Assistant Commissioner of Income Tax, 2024 LiveLaw 743 Baiju George v. Commissioner Of Goods And Service Taxes Department, 2024 LiveLaw 744 The Assistant Commissioner Of State Tax v. Bhima Jewellery And Diamonds P. Ltd., 2024 LiveLaw 745 Suo Motu JPP initiated by the …

Justice Tamil Nadu Kerala High Court Sexual Assault Constitution Chief Justice

1 month 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 …

Court Respect Section 498A Ipc Second Alleged Husband

1 month 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 …

Court Criminal Proceedings Relative 498A Section 498A Ipc Term

1 month, 1 week ago

Kerala High Court Weekly Round-Up: November 4 – November 10, 2024

Live Law

Nominal Index Indian Broadcasting And Digital Foundation V The Telecom Regulatory Authority Of India, 2024 LiveLaw 690 Anu S P v State of Kerala, 2024 LiveLaw 691 Ajith Pillai v State of Kerala, 2024 LiveLaw 692 Asha v State of Kerala and Another, 2024 LiveLaw 693 Sreekumar Menon v State of Kerala and Another, 2024 LiveLaw 694 B. Aboobacker and …

Justice Kerala Malayalam Constitution Court Title Kerala High Court

1 month, 2 weeks ago

Not Allowing Daughter-In-Law To Watch TV, Meet Neighbours, Go To Temple Alone & Making Her Sleep On Carpet Is Not Cruelty: Bombay High Court

Live Law

Quashing a 20-year-old order convicting a man and his family for cruelty towards his deceased wife, the Aurangabad bench of the Bombay High Court said that the allegations of taunting the deceased, not allowing her to watch TV, not allowing her to go alone to the temple and making her sleep on a carpet would not constitute the offence of …

Family Court Suicide Water Bombay High Court Allegations Cruelty

1 month, 2 weeks ago

Cruelty And Abetment To Suicide Are Distinct Offences, Acquittal Under One Will Not 'Necessarily Lead' To Acquittal In The Other: Kerala HC

Live Law

The Kerala High Court recently observed that while marriage is an essential ingredient to attract the offence of cruelty punishable under IPC Section 498A, however for abetment to suicide under IPC Section 306 there need not be any relationship between the "accused and the victim". In observing so, the high court set aside the man's conviction for cruelty under Section …

Court Suicide Abetment Cruelty Charge That Offence 498A

1 month, 3 weeks ago

Supreme Court Warns Against Over-Implication of Persons in Domestic Cruelty Cases: Over-Implication Can Lead to Severe Suffering

Live Law

The Supreme Court has expressed its dismay over the tendency to over-implicate the persons and present an exaggerated version in Section 498-A IPC domestic cruelty cases. The bench observed that in view of such circumstances, the courts have to be careful to identify instances of over implication and to avert the suffering of ignominy and inexpiable consequences, by such persons.

Law Crime Justice Legal New Delhi

1 month, 3 weeks ago

Supreme Court Warns Against Over-Implication of Persons in Domestic Cruelty Cases: Over-Implication Can Lead to Severe Suffering and Undue Suffering

Live Law

The Supreme Court has expressed its dismay over the tendency to over-implicate persons and present an exaggerated version in Section 498-A IPC domestic cruelty cases. The bench observed that in view of such circumstances, the courts have to be careful to identify instances of over implication and to avert the suffering of ignominy and inexpiable consequences, by such persons.

Law Crime Justice Legal New Delhi

2 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 …

Supreme Court Court Criminal Allegations Criminal Proceedings Case State

4 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. …

High Court Applicant 498A Husband

4 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 …

Allegations Cruelty 498A Section 498A Ipc Woman Complaint

5 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 …

Family Allegations Fir Complainant His Wife Bench Her Husband

7 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 …

India Women Court Complaints Criminal Cases 498A

7 months, 2 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-XV]

Live Law

Section 279 - Rash driving or riding on a public way Penal Code, 1860; Sections 279, 304A – Motor Accident Case – Reduction of sentence of convict – Object of Indian Penal Code is to punish offenders for offences under the act – Indian Penal Code punitive and deterrent – Corrective measures ought to be recognised while sentencing convict but …

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Articles for 498A

Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce

Women Need To Realise That Beneficial Laws Aren't Means To Threaten, Domineer Or Extort From Their Husbands : Supreme Court

Supreme Court Weekly Round-up: December 9, 2024 To December 15, 2024

S.498A IPC : How Supreme Court Raised Concerns About Misuse Of Anti-Dowry & Cruelty Laws Over Years

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

Cruelty law being misused for personal vendetta against husband: Supreme Court

Courts must exercise caution in dowry cases to prevent misuse of law: Supreme Court

SC criticises misuse of anti-dowry legislation for ‘personal vendetta’

S.498A IPC Often Used Against Husband & His Family To Meet Wife's Unreasonable Demands, Growing Tendency Of Misuse: Supreme Court

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

Kerala High Court Weekly Round-Up: November 18 – November 24, 2024

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

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

Kerala High Court Weekly Round-Up: November 4 – November 10, 2024

Not Allowing Daughter-In-Law To Watch TV, Meet Neighbours, Go To Temple Alone & Making Her Sleep On Carpet Is Not Cruelty: Bombay High Court

Cruelty And Abetment To Suicide Are Distinct Offences, Acquittal Under One Will Not 'Necessarily Lead' To Acquittal In The Other: Kerala HC

Supreme Court Warns Against Over-Implication of Persons in Domestic Cruelty Cases: Over-Implication Can Lead to Severe Suffering

Supreme Court Warns Against Over-Implication of Persons in Domestic Cruelty Cases: Over-Implication Can Lead to Severe Suffering and Undue Suffering

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

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

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

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

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

The Complete Supreme Court Annual Digest- 2023 [Part-XV]