Bombay High Court
Case BriefsHigh Courts

Only out of ulterior motive to settle personal score, wife makes generalized and sweeping accusation unsupported by concrete evidence. As a result, the family members of husband have to face agony of criminal trial, when no prima facie case is made out against them.

Madras High Court
Case BriefsHigh Courts

“The wife may be willing to resume her marital life with the husband, but in view of the mental cruelty caused by her, the husband’s unwillingness for reunion is a justifiable one”

Punjab and Haryana High Court
Case BriefsHigh Courts

“It is not the job of any trained law enforcer, skilled in the efficient use of force continuum to mete out unmerciful, furious beatings to a common man on the drop of the hat and disrespect civilians, wielding their authority to disregard and disrupt law and order themselves.”

Bombay High Court
Case BriefsHigh Courts

The petitioner-husband and Respondent 2-wife agreed to some conditions, including that the petitioner must hand over all documents and certificates belonging to Respondent 2, currently at his residence in India and in the USA, to Respondent 2.

Madhya Pradesh High Court
Case BriefsHigh Courts

Cruelty under Section 498-A IPC does not necessarily require proof of dowry demands; physical or mental cruelty alone is sufficient.

Misuse of Section 498A IPC
Case BriefsSupreme Court

The term “cruelty” is subject to rather cruel misuse by the parties, and cannot be established simpliciter without specific instances, to say the least. The tendency of roping these sections, without mentioning any specific dates, time or incident, weakens the case of the prosecutions, and casts serious suspicion on the viability of the version of a Complainant.

Gujarat High Court
Case BriefsHigh Courts

The Court held that the petitioner was the alleged girlfriend of the complainant’s husband, and no other status or relation had been assigned to her for prosecution under Section 498A of the IPC.

Andhra Pradesh High Court
Case BriefsHigh Courts

The only reference to petitioners 3 and 4 is that, during visits to the accused No. 1 and third respondent’s home, they taunted her for not being able to conceive. Such vague allegations, without specific dates or details, cannot withstand legal scrutiny.

Delhi High Court
Case BriefsHigh Courts

Even after assuming, that such relationship existed between petitioner and his sister-in-law, or demeaning language in reference to the deceased, was exchanged via WhatsApp between them, these facts, stand alone, do not, prima facie, disclose the specific ingredients of cruelty or harassment related to dowry demand.

S. 498-A IPC constitutionality
Case BriefsSupreme Court

The Court opined that impugned provisions do not warrant judicial interference, because it is well-settled law that courts refrain from intervening in matters of legislative policy or mandate

High Court Weekly Roundup
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Bombay High Court
Case BriefsHigh Courts

When the cross-examination was done in respect of attempted suicide by wife, she appeared before the Court by applying Mehandi on her hand to suppress the evidence of attempted suicide.

High Court Weekly Roundup
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Madras High Court
Case BriefsHigh Courts

“Self-pleasure is not a forbidden fruit, its indulgence shall not lead to a precipitous fall from the Eden Garden of marriage. After marriage, a woman becomes a spouse, but she continues to retain her individuality. Her fundamental identity as an individual, as a woman, is not subsumed by her spousal status”.

Gauhati High Court
Case BriefsHigh Courts

“Subjecting a married woman to cruelty for want of dowry was the reason for which our legislature has inserted Section 498-A in the Penal Code. In the case at hand, there is no allegation of demand of dowry.”

Madhya Pradesh High Court
Case BriefsHigh Courts

“Forcing wife to live with a person who is neither educated nor eager to improve himself certainly amounts to mental cruelty.”

Bombay High Court
Case BriefsHigh Courts

The allegations submitted by Respondent 2 cannot amount to cruelty under Section 498-A of Penal Code, 1860 as each person shall act in his own way and the said act independently shall amount to cruelty.

Delhi High Court
Case BriefsHigh Courts

Such matters are now filed in the heat of the moment on advice of counsel by exaggerating and misconstruing actual events. However, this does not mean that genuine cases of harassment didn’t exist, and it is not blind to the ground reality of the deeply rooted social evil of greed for dowry.

High Court Weekly Roundup
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A quick legal roundup to cover important stories from all High Courts this week.

Bombay High Court
Case BriefsHigh Courts

Limitation for prosecution under Section 498-A1 of IPC does not continue for indefinite period as such interpretation will render Section 4682 of CrPC nugatory/otiose for the purpose of Section 498-A of IPC which does not appear to be the legislature’s intention.