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Articles for 498A, search results for high

S.498A IPC : How Supreme Court Raised Concerns About Misuse Of Anti-Dowry & Cruelty Laws Over Years
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
Cruelty law being misused for personal vendetta against husband: Supreme Court
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
Family Members Calling Wife For Conciliation Meeting After She Had Feud With Husband Not Mental Harassment: Karnataka High Court
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
Kerala High Court Weekly Round-Up: November 18 – November 24, 2024
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
[S. 498A IPC] Second Wife Not Guilty Of Cruelty Merely Because Husband Married Her During Lifetime Of First Wife: Calcutta High Court
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
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
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
Kerala High Court Weekly Round-Up: November 4 – November 10, 2024
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
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
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
'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
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
Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court
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
S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC
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
Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court
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
Patna HC Orders 2 Judicial Officers To Pay ₹200 As 'Token' Compensation To Man For Subjecting Him To Unjustifiable Trial U/S 498A IPC
7 months, 4 weeks ago

Patna HC Orders 2 Judicial Officers To Pay ₹200 As 'Token' Compensation To Man For Subjecting Him To Unjustifiable Trial U/S 498A IPC

Live Law  

In a one-of-a-kind order, the Patna High Court has directed two judicial officers of the state to pay compensation of ₹100 each to a man subjected to an unjustifiable trial under Section 498A of the Indian Penal Code. The Court added that the amount of compensation was being fixed as a “token” to remind the concerned Judicial Officers that before …

Trial Court Order Judicial Ipc Pat Samastipur
Omnibus Allegations Of Cruelty Under Section 498A IPC Do Not Warrant Prosecution: Telangana High Court
8 months, 2 weeks ago

Omnibus Allegations Of Cruelty Under Section 498A IPC Do Not Warrant Prosecution: Telangana High Court

Live Law  

The Telangana High Court has held that omnibus allegations under Section 498 A of the Indian Penal Code do not warrant prosecution. But, 2 years later, the investigating authority filed an additional charge sheet against the petitioners herein. It is not known why the investigating officer filed the initial charge sheet examining the parents of the third respondent they were …

High Court Charge Sheet Petitioners Omnibus Allegations
Karnataka High Court Monthly Digest: February 2024
9 months, 2 weeks ago

Karnataka High Court Monthly Digest: February 2024

Live Law  

Nominal Index: H S Abdul Riyaz Basha AND State of Karnataka & Others. A single judge bench of Justice Krishna S Dixit said “The tweets A and B if not C and D prima facie hurt the reputation of the complainant, if they are taken at face value, assuming that they are true.” 'Not Many Takers For Seats In Ayurveda …

India Society Bengaluru Karnataka Justice High Court Writ Petition
Karnataka High Court Weekly Roundup: February 12 - February 18, 2024
10 months ago

Karnataka High Court Weekly Roundup: February 12 - February 18, 2024

Live Law  

Nominal Index: Mohammed Refeeq AND S. Mohammed Fairoz Ahamed & Others. 2024 LiveLaw 83 Judgments/Orders Karnataka High Court Permits DNA Profiling Test In Suit Seeking Partition Of Property Case Title: Mohammed Refeeq AND S. Mohammed Fairoz Ahamed & Others Case No: Writ Petition No 52855 of 2019 Citation No: 2024 LiveLaw 70 The Karnataka High Court has dismissed a petition …

India Justice Writ Petition Court Bar 2024 State
Bombay High Court Annual Digest 2023: Part I [Citations 1-300]
11 months, 3 weeks ago

Bombay High Court Annual Digest 2023: Part I [Citations 1-300]

Live Law  

Nominal Index World Phone Internet Services Pvt. Ltd. 2023 LiveLaw 298 Citibank NA v. SK Ojha 2023 LiveLaw 299 XYZ v. State of Maharashtra 2023 LiveLaw 300 Reports/Judgments Dispute Between Service Providers Can't Be Referred to Arbitration: Bombay High Court Case Title: World Phone Internet Services Pvt. It is always open for the police to put up a board prohibiting …

India Society Mumbai High Court Constitution Court Legal Aid
Section 498-A IPC Being Misused As A Weapon By Disgruntled Wives: Jharkhand High Court
1 year, 1 month 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 …

Court Case Petitioners Jharkhand High Court 498A Ipc Section 498
Offence of cruelty to wife inapplicable in live-in relationship: Kerala High Court
1 year, 2 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 …

Marriage Court Bar Kerala High Court Man 498A Section 498A
Cruelty Under Section 498A of IPC Not Applicable to Live-in Relationships: Kerala HC
1 year, 2 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 …

Court Cruelty Man 498A Ipc High His Brother
Money Exchanged 10 Days Before Victim's Death Gives Presumption Of ‘Dowry Death’: Calcutta High Court Upholds Husband’s Conviction
1 year, 3 months ago

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

Live Law  

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 …

Death Trial Evidence Court Victim Case 498A
Entering Into Second Marriage Even With Wife's Consent May Constitute Cruelty: Patna High Court
1 year, 3 months ago

Entering Into Second Marriage Even With Wife's Consent May Constitute Cruelty: Patna High Court

Live Law  

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 …

Marriage Consent Court Divorce Cruelty Section 498A Ipc
Day-To-Day Bickering Between Husband & Wife Not ‘Cruelty’ Under Section 498A IPC: Calcutta High Court
1 year, 3 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 …

Court Indian 498A Section 498A Ipc Complainant Code
Court Proceeding Ought Not To Be Permitted To Degenerate Into A Weapon Of Harassment: Calcutta High Court Quashes 498A Case
1 year, 6 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 …

Court Torture 498A Section 498A Ipc Fir Physical