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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.
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.
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.
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
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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.
A quick legal roundup to cover important stories from all High Courts this week.
“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”.
“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.”
“Forcing wife to live with a person who is neither educated nor eager to improve himself certainly amounts to mental cruelty.”
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.
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.
A quick legal roundup to cover important stories from all High Courts this week.
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.
A quick legal roundup to cover important stories from all High Courts this week.
“Women are the primary victims in most situations, but that does not mean that men are not affected by the cruelty of women. Therefore, there is necessity for a gender-neutral society”.
“It is in the wisdom of the Investigating officer to file charge-sheet against those accused against whom there is strong evidence. Unnecessary harassment and false implication should be avoided.”
The husband’s contention that the present case is not a case where the wife is hospitalised due to cruelty or harassment committed upon her, is not only unmerited but also cross the threshold of having a mentality that in a serious Section 498-A IPC cases, the woman should have injuries and medical treatment record of a hospital.
A quick legal roundup to cover important stories from all High Courts this week.