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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 …

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

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

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 …

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

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 …

'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 …

Dowry

Money Exchanged 10 Days Before Victim's Death Gives Presumption Of ‘Dowry Death’: Calcutta High Court Upholds Husband’s Conviction

The Calcutta High Court recently dismissed an appeal filed by a husband and his brother who were convicted by the trial court under Section 498A and 304B of the IPC, for causing the ‘dowry death’ of the victim, who poisoned herself and her daughter in her matrimonial home. Brief Background The appellants had been convicted by the trial court under …

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 …

The Karnataka High Court while quashing a case registered by a woman against her ex-husband and in-laws under section 498-A said the charge sheet filed on the basis of omnibus and general allegations is without any substance. They returned to India in the year 2016 and during their stay in India, respondent No.2 was harassed by accused to bring dowry …

Wife Living Separately Commits Suicide In Parental House: Karnataka High Refuses To Quash Dowry Death Case Against Husband Citing Disputed Facts

The Karnataka High Court has dismissed a petition filed by a husband seeking to quash a case of dowry death registered against him under Sections 304B and 498A of IPC, after his wife, living separately since over two years, committed suicide in her parental house. A single judge bench of Justice M Nagaprasanna while dismissing the petition filed by one …

Recently, the Allahabad High Court, while allowing two criminal revisions pertaining to a dowry case, took cognisance of the misuse of Section 498A of the Indian Penal Code, proposed certain safeguards and directed the State authorities of Uttar Pradesh to take the necessary steps for their implementation in a given time period. Strangely enough, the High Court specifically mentioned in …

Dowry Death- Society Has Got The Wrong Message That In-Laws Can Easily Escape Liability If They Live Separately From Victim: Madras HC