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

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 …

Citations: 2023 LiveLaw 1026 To 2023 LiveLaw 1071 Dr. Premchandran Keezhoth v The Chancellor Kannur University 2023 LiveLaw 1025 Pavnesh Kumar v. Union of India 2023 LiveLaw 1026 Manoranjan Rout v. State of Odisha 2023 LiveLaw 1028 Madhavan Through Lrs. Governor As A Chancellor Of A State University Must Act Independently And Not On Aid & Advice Of Council Of …

The Patna High Court has held that entering into a second marriage, even with the consent of the first wife, may constitute cruelty to the first wife, thereby giving her reason to live separately and giving cause of action to file complaint cases under Section 498A of the IPC. "However, as a common knowledge, such second marriage is not tolerated …

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 …

Supreme Court Annual Digest 2022- Indian Evidence Act, 1872

Evidence Act, 1872 - A mere non -examination of the witness per se will not vitiate the case of the prosecution. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : 2022 SCALE 135 Evidence Act 1872 - Dying Declaration - When can be relied upon - Conditions - It could thus be seen that the Court is required to …

Supreme Court Half Yearly Digest 2022 (Jan - Jun) EVIDENCE ACT- With Parallel Citations

Evidence Act, 1872 - "Matters" - Matters are necessary, concomitant material factors to prove a fact. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : 2022 SCALE 135 Evidence Act, 1872 - A mere non -examination of the witness per se will not vitiate the case of the prosecution. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : …

Evidence Act

Taking 'guidance' from the judgment of the Supreme Court in Social Action Forum for Manav Adhikar Vs. Union of India, the Allahabad High Court recently directed constitution of 'Family Welfare Committee' to look into Section 498A IPC complaints.,Apparently, the Supreme Court judgment which guided the High Court, had declared that such directions are impermissible.The Supreme Court in. Taking 'guidance' from …

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Can Right Of Woman To Reside In Shared Household Under DV Act Be Defeated By Power Of Eviction U/S 23 of Senior Citizens Act?: SC Reserves Judgement

The Supreme Court on Wednesday considered if the right of a woman to reside in the share household under section 17 of the Domestic Violence Act, 2005 could be defeated by the power of eviction under section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 The bench of Justices D. Y. Chandrachud, Indu Malhotra and …