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Tags: IPC 302
Court Name : Delhi High Court
Law Point: Court cannot convert the conviction for offence punishable under Section 302 IPC to one under Section 304B or 498A IPC
Dinesh Kumar & Ors vs State Nct Of Delhi
Delhi HC
14/08/2014
CRL.A. 210/2013
About/from the judgment:
The serious consequence which may ensue to the accused in such a situation can be limned through an illustration: If a bride was murdered within seven years of her marriage and there was evidence to show that either on the previous day or a couple of days earlier she was subjected to harassment by her husband with demand for dowry, such husband would be guilty of the offence on the language of Section 304-B IPC read with Section 113-B of the Evidence Act. But if the murder of his wife was actually committed either by a dacoit or by a militant in a terrorist act the husband can lead evidence to show that he had no hand in her death at all. If he succeeds in discharging the burden of proof he is not liable to be convicted under Section 304-B IPC. But if the husband is charged only under Section 302 IPC he has no burden to prove that his wife was murdered like that as he can have his traditional defence that the prosecution has failed to prove the charge of murder against him and claim an order of acquittal.
The above illustration would amplify the gravity of the consequence befalling an accused if he was only asked to defend a charge under Section 302 IPC and was alternatively convicted under Section 304-B IPC without any notice to him, because he is deprived of the opportunity to disprove the burden cast on him by law.
In such a situation, if the trial court finds that the prosecution has failed to make out the case under Section 302 IPC, but the offence under Section 304-B IPC has been made out, the court has to call upon the accused to enter on his defence in respect of the said offence. Without affording such an opportunity to the accused, a conviction under Section 304- B IPC would lead to real and serious miscarriage of justice. Even if no such count was included in the charge, when the court affords him an opportunity to discharge his burden by putting him to notice regarding the prima facie view of the court that he is liable to be convicted under Section 304-B IPC, unless he succeeds in disproving the presumption, it is possible for the court to enter upon a conviction of the said offence in the event of his failure to disprove the presumption."
Thus Sections 304B or 498A IPC not being minor offences of Section 302 IPC, in the absence of an appeal by the complainant or the State, it is beyond the jurisdiction of this Court to convert the conviction for offence punishable under Section 302 IPC to one under Section 304B or 498A IPC.
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Read Moresaganna vs the state of karnat...
Karnataka HC acquitted the accused when the prosecutix is found to be willing accomplice and had not complained despite many opportunities, the benefi....
Read MoreMohd. Ahmed Khan vs Shah Bano ...
SUPREME COURT OF INDIA Mohd. Ahmed Khan vs Shah Bano Begum AndOrs on 23 April, 1985 Bench: Chandrachud, Y.V. ((Cj), Desai, D.A., Reddy, O. Chinn....
Read MoreSUSMITA MOHANTY Vs. RABINDRA N...
Orissa HC held that if order is silent from when maintenance is to be paid, it has to be paid from the date of order and not from date of filing
Read MoreSANDEEP SINGH BAIS @ ANSHU & O...
1. The present application has been filed under Section 482 of Cr.P.C. for quashing the proceedings in Criminal Case No. 2338/2015 pending in the Cour....
Read MoreRajinder Kumar vs State (Delhi...
Delhi HC held that when there is no allegation of Dowry Demand there is no cause why a trial should be run.
Read MoreAa Arun Vyas & Anr vs Anita Vy...
SUPREME COURT OF INDIA Arun Vyas &Anr vs Anita Vyas on 14 May, 1999 Bench: K.Venkataswami, Syed Shah Quadri About/from the judgment: T....
Read MoreSUDHANSHU MAULI TRIPATHI Vs. M...
Patna HC held that if wife is neither willing to return to the house of the husband nor willing to come forward for Mutual Consent, it is cruelty towa....
Read MorePunjab Haryana High Court Mandeep vs Kavita on 7 December, 2015 Bench: MR. JUSTICE M.M.S. BEDI About/from the judgment: As sufficient evid....
Read MoreBombay HC denied maintenance to wife on the grounds of her independent income and conduct
Read MorePoonam TanwarVs. Sube Singh Ta...
DELHI HIGH COURT Poonam TanwarVs. Sube Singh Tanwar On 20 December 2016 Bench: JUSTICE PRATIBHA RANI
Read MoreANITA DEVI Vs. PRADYUMAN PRASA...
Patna HC held that if wife files criminal cases in retaliation to the Divorce Petition of Husband; cruelty stands proved
Read MorePunjab Haryana High Court Paramjeet vs Ranjit Singh on 3 June, 1994 Bench: A Chaudhary About/from the judgment: False and frivolous allega....
Read MoreSC held that if custody of minors be taken away from father and given to mother after long time, it would only traumatize the child. Custody to remain....
Read MoreRAJBABU & ANR. Vs. STATE OF M....
SC Acquitted the accused when there was no direct evidence to establish that the accuse aided or instigated the deceased for suicide.
Read MoreShobhnaben Chelshankar Shukla ...
Shobhnaben vs Shekhar on 2 December, 2010 Author: M.R. Shah, Gujarat High Court Case Information System CR.RA/259/2010&n....
Read MoreSANGITABEN RASIKLAL JAISWAL Vs...
Gujrat HC held that merely because husband possess immovable properties can't be reason for enhanced maintenance. Maintenance to be based on earni....
Read MorePandurang Katti S/O Srinivasa ...
Author: A Kabbin Bench: A Kabbin ORDER A.C. Kabbin, J. 1. The petitioner No. 1 herein the husband, and the petitioner No. 2 is the mother -in....
Read MoreNEELAM BISHT Vs. NARENDRA SING...
Uttrakhand HC held if wife is residing in Adultery she can not take the plea of illness for deserting her husband. Divorce granted in favor ....
Read MoreAnil Kumar vs Shashi Bala and ...
Himachal Pradesh High Court Anil Kumar vs Shashi Bala And Others on 2 May, 2017 Bench: Hon'Ble Mr. Sharma IN ....
Read MoreDimple Jatin Khanna @ Dimple V...
Bombay HC held that for DV to be applicable, relationship in the nature of marriage must exist. Quashed DV case against relatives DimpleKapadia&nbs....
Read MoreS.R. Batra vs. Smt. Taruna Bat...
S.R. Batra And Anr vs Smt. Taruna Batra on 15 December, 2006 Author: M Katju Bench: S.B. Sinha, Markandey Katju ....
Read MoreMadras HC quashed a CrPC 125 case, as wife can not seek same relief at JM court when Civil Court is seized with the same matter.
Read MoreVarinder Kaur Vs Jatinder Kuma...
Varinder Kaur vs Jitender Kumar And Anr on 21 October, 2016 RSA No.4398 of 2016 (O&M) &nb....
Read MoreAnju @ Ajay vs Yogesh Bansal...
Delhi HC annulled the marriage when it was proven that wife denied conjugal for over two months to the husband.
Read MorePreeti Jain vs Kunal Jain &Anr...
Rajasthan HC held that it is the discretion of Family Court to accept any document/ statement/ report/ information of Electronic Nature even if it doe....
Read MoreMANJU DUTTA Vs. STATE & ORS....
Delhi HC upheld the decision that if a court doesn't have territorial jurisdiction, it can return the charge-sheet and discharge the accused.
Read MoreDILIP KUMAR Vs. FAMILY COURT, ...
Allahabad HC held that even if the default of maintenance is more than One Month, the husband can be confined for only a month.
Read MoreVandana J. Kasliwal vs Jitendr...
Bombay HC annulled the marriage, as the fact that wife had hidden the fact that she was suffering from Schizophrenia
Read MoreDelhi HC discharged accused as all technicalities as contemplated for entrustment in Section 406 IPC were not made out in the complaint
Read MoreV.P. Shivanna vs Smt. Bhadramm...
Karnataka HC laid down procedure for attachment of salary and issuance of warrants in case of not payment of maintenance
Read MoreSham Sunder vs Kailash Rani...
P&H HC held that no orders for enhancement of maintenance can be passed w/o summoning the Respondent.
Read MoreRanjit Singh vs Surinder Kaur...
P&H HC held that if wife has left the comapny of the petitioner without any reason, let alone sufficient reason, husband is entitled to the decree....
Read MoreGurbinder Singh vs Manjit Kaur...
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Reserve: January 07, 2010 Date of Order: January 25, 2010 + Cont. Cas(C) 482 of 2008 % 25.01.201....
Read MoreKALYAN ROY Vs. PRIYANKA ROY (B...
Calcutta HC held that if minor daughter is happy in the family of husband and she is being looked after well by her grandmother, there is no grounds f....
Read MoreMP HC held that future salary can't be attached for fulfilment of Maintenance awarded to wife
Read MoreAP HC denied Divorce to the wife as she could not plead exact dates and specifications of the cruelty as was allegedly meted out by her husband
Read MoreDeb Narayan Halder vs Smt. Anu...
Supreme Court held that wife who leaves husband without any reason is not entitled for maintenance u/s 125
Read Morekamini sondhi vs kapil sondhi...
Delhi HC granted divorce to husband who suffered mental agony because of sexless marriage and baseless allegations levelled to his boss by his wife
Read MoreMALATHI RAVI (Dr.) Vs. DR. B.V...
Supreme Court held that if wife deliberately stays away from matrimonial home and launches criminal cases, divorce can be granted on desertion and cru....
Read MoreDalip Singh vs State Of U.P. &...
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5239 OF 2002 Dalip Singh …Appellant Versus State o....
Read MoreSunil Dutt Sharma And Ors. vs ...
Delhi HC held that at the time of framing of charges the court has to look at only the material brought by the prosecution and not check truthfulness ....
Read MoreRAJESH R. NAIR Vs. MEERA BABU...
Kerala HC held that if wife is living away from husband on account of mutual understanding, she is not entitled to maintenance or interim maintenance.
Read MoreHamina Kang Vs. District Magis...
P&H HC held that DIL has no rights over property and would be considered illegal occupant and shall be evicted from the property of Parents-in-law
Read MoreDevender Pal Singh and Ors. vs...
P&H HC held that when the dispute is private in nature, though it is of non-compoundable nature, it can still be quashed on compromise.
Read MoreRAJIV GUPTA Vs. KUMARI DIMPLE ...
P&H HC denied maintenance to a minor when mother was not able to prove that the minor is illegitimate child of the Respondent
Read MoreK. Srinivas Rao vs D.A. Deepa...
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION ....
Read MoreKerala HC held that Anticipatory Bail can be filed in Sessions or High Court
Read MoreManpreet Kaur vs State Of Punj...
P&H HC upheld acquittal in #498a or #313 case when the prosecution did not examine certain witnesses and certain witnesses did not support the sto....
Read MoreTHULASI BAI Vs. C.V. MANOHARAN...
Kerala HC held that after decree of annulment, ex-wife is not entitled for any maintenance/ alimony.
Read MoreKAWALJEET KAUR Vs. PARAMPAL SI...
P&H HC held that backing down on the compromise is cruelty towards husband and more so when there are other pending litigations.
Read MoreAlika Khosla vs Thomas Mathew...
Delhi HC held that Audio Recordings with Transcripts are admissible evidence and court can base its decision on this evidence
Read MorePUNNAKKAL SREEDHARAN Vs. VELLA...
Kerala HC held that to get maintenance wife has to prove a valid marriage as per her personal law
Read MoreP&H HC held that if wife refuses to consummate the marriage on imaginary allegations of Illicit relations of husband, it is cruelty towards husban....
Read MoreState of Karnataka By Mahila P...
Karnataka HC quashed a case when there was no evidence to back for demand of dowry.
Read MoreSHER SINGH Vs. RAJWINDER KAUR...
P&H HC held that even the interim maintenance granted under CrPC 125 can be revoked u/s 127 CrPC, if husband secures decree of Restitution u/s 9 H....
Read MoreKAVITA Vs. GOVT. OF NCT & ANR....
Delhi HC held that cancellation of bail is on different footing than grant of bail. IO not doing his work does not mean that bail of husband be cancel....
Read MoreRADHEY SHYAM & ORS. Vs. MEERA ...
Rajasthan HC held that wife can not file CrPC 125 proceedings against the Karta of the HUF. The rights are against husband only
Read MoreVINOD KUMAR RAI Vs. MANJU RAI ...
Allahabad HC held if wife has suspicion on fidelity of husband, marriage can not survive. And when she fails to provide any tangible evidence, husband....
Read Moregian singh vs state of rajasth...
SC directed police to release the Passport of Foreign Citizen Father-in-law by increasing the sureties, allowing him to go back to his country
Read MoreNARAYAN JANGLUJI THOOL & ORS. ...
Bombay HC held that if a married woman starts living with someone, she would be treated as Mistress or Concubine and can't invoke DV act, as her r....
Read Moreumesh banti ors vs state of u ...
Allahabad HC quashed the 498a against accused when the improbable allegations like beating of all family members in their hometown by couple of people....
Read Moreparmanand mishra vs rekha mish...
P&H HC denied maintenance to wife as there was a decree of Restitution of Conjugal Rights in favor of husband.
Read MoreRITA DEVI Vs. KARAM CHAND BALI...
HP HC held that if wife and adulterer were caught by relatives and then she wrote a confession, she can't later create an excuse that it was taken....
Read MoreAnil Kumar Pradhan Vs. Madhabi...
Cuttack HC denied custody to mother as the female child had grown comfortable to the surroundings & situations and disclocation would cause emotio....
Read MoreSWEETY Vs. PRAKASH KAUR & ORS....
Delhi HC upheld acquittal of husband & relatives as there was material contradiction of wife and other witnesses and despite MLC of 30% burns to w....
Read MoreP&H HC denied maintenance to wife and child when child was born long time after separation and even divorce
Read MoreP&H HC held that if wife levels allegations that husband is leading an adulterous life and is unable to prove it, it is cruelty towards husband an....
Read MoreMausami Moitra Ganguli vs Jaya...
SC held that though financial resources could play a major role in deciding child custody, it can't be the sole consideration. Father granted cust....
Read MoreSUTAPA BANERJEE Vs. STATE OF J...
Jharkhand HC denied maintenance to wife as husband was willing to keep her w/o any conditions but wife was not ready to live with him
Read MoreARUN KUMAR AGARWAL Vs. RADHA A...
Karnataka HC ruled that though no claim is made against Adulterer in Divorce proceedings, he should be made necessary party, in whose absence the proc....
Read MoreNil Ratan Kundu & Anr vs Abhij...
SC said that welfare of minor is primary concern and on the basis of this alone court can grant or refuse custody to mother, father or any other guard....
Read MoreVarala Bharath Kumar vs The St...
NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1565 OF 2017 (Arising from SLP(Crl.) No.5458/2016....
Read MoreAMIT KUMAR DAS Vs. BASANTI GIR...
Calcutta HC held that magistrate should be able to justify its decision of granting maintenance and there should be a speaking order w.r.t. the same.
Read Moresanjeev majoo vs ruchi majoo...
Delhi HC defined the meaning of word 'Ordinarily Resides' and how it is different from "temporary residence' or 'fortuitous resid....
Read MoreKiran Tulshiram Ingale Vs. Anu...
Bombay High Court quashed the conviction of husband on compromise and divorce between the parties post conviction
Read MoreKANTABEN MAFATLAL Vs. GOVINDBH...
Gujrat HC set aside maintenance order on observation that keeping a poor & unemployed husband in jail indefinitely can't serve any purpose whe....
Read MoreHP HC dismissed a Divorce Petition as Adulterer was not impleaded as a party. Victims attempting to file such petition should read this judgment fo....
Read MoreSmt Nita VERUS Hitendrakumar S...
Bombay HC held that if wife forced husband to secure accomodation beyond his means and has thus left the husband she is guilty of both cruelty and des....
Read MoreRadhe Raman Naik And Anr. vs S...
Jharkhand HC quashed FIR as the alleged offence took place outside the territorial jurisdiction.
Read MoreROHTAS SINGH Vs. SMT. RAMENDRI...
Supreme Court explained three conditions/ circumstances when wife becomes disentitled for maintenance. Wonderful judgment to be studied by all warr....
Read MoreRAMESHWAR PRASAD Vs. SUGNA DEV...
Rajasthan HC held that filing of False 498a is cruelty against husband and he is entitled for divorce on this ground.
Read MoreNEETA RAKESH JAIN Vs. RAKESH J...
SC held that though relief u/s 24 of HMA is discretionary however court has to give due regard to husband's & wife's income and the same c....
Read MorePATTA DHANALAKSHMI Vs. PATTA R...
AP HC held that if Wife is pregnant from some other person, husband is entitled for a decree of Divorce. Nothing else needs to be proved
Read MoreChitrakala and Ors vs State an...
Delhi HC 31/08/2007 W.P. (Crl.) No. 1174/2004 About/from the judgment: Writ Petition for FILLING DOWRY DEATH against IN-LAW is d....
Read MoreCHANDRAWATI Vs. KAILASH NATH...
Allahabad HC held that if husband tolerates his wife for two years despite strong suspicion of Adultery, it is condonation of Adultery. Divorce Denied....
Read MoreHoneyben Ashokbhai Patel vs St...
Honeyben Ashokbhai Patel vs State of Gujarat & Anr Gujarat HC 30/11/2017 CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDE....
Read MoreSaravanaraj versus State By In...
Madras HC upheld acquittal of accused in 498a when the oral evidence did not inspire confidence.
Read MoreRajasthan HC, Jodhpur Bench 30/04/2008 AIR 2008 RAJASTHAN 111; Civil Misc. Appeal No.911/2006 About/from the judgment: RCR by wife after 498a I....
Read MoreDURG VIJAI YADAV Vs. STATE OF ...
Allahabad HC held that for grant of maintenance from date of application, express orders are required.
Read MoreJaiprakash Madhukarrao Sahurka...
Bombay HC 29-Feb-16 About/from the judgment: Judgement Against Husband .DV and 498A can be filed on same facts.
Read MoreHarpal Sharma Vs. Smt. Tripta ...
P&H HC held that if wife alleges falsily that husband's attempt to take her to a doctor for treatment is prove her mentally unstable is cruelt....
Read MoreSmt. Sangeeta Kalra versus Sta...
Delhi HC quashed #498a case against Sister-in-law on the basis of letter written by complainant #wife it proved that the complaint was malaf....
Read MoreN.P. ABU Vs. VELLAM THOTTIL AS...
Kerala HC held that though children are almost always entitled for maintenance, wife has to prove neglect, resources of husband & reasonable cause....
Read MoreSAPNA RAMESHCHANDRA TRIVEDI Vs...
Rajasthan HC held that if wife is not ready to face day-to-day struggles or stress of married life, marriage is dead for all practical purposes and hu....
Read MoreJYOTHI AMMAL & ANR. Vs. K. ANJ...
Madras HC held that if it can be proved by husband that he had no access to wife when she became pregnant and then DNA tests also prove that he is not....
Read MoreIN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.03.2013 CORAM: THE HONOURABLE MR.JUSTICE S.PALANIVELU Criminal Revision C....
Read MoreGaurav Kumar Singh vs State Of...
Delhi HC held that if allegations against husband are not of serious nature, there should be no reason to deny bail to him too.
Read MoreLEELABAI Vs. KAILASH CHANDRA...
MP HC held that execution can't be filed after ONE YEAR when it became due.
Read MoreGarima Srivastava vs State Of ...
Court No.27 Criminal Misc. Application No.30509 of 2009 ....
Read Moresmt leela devi vs suresh kumar...
Rajasthan HC held that if wife left husband making wild & reckless allegations and is unable to support it in trial, she is guilty of deserti....
Read MoreKarthick vs The Commissioner o...
Karthick vs The Commissioner Of Police on 8 July, 2013 Bench: Mr.Justice R.SUBBIAH About/from the judgment: 11. Therefore, a reading of the s....
Read MoreMANMOHAN ATTAVAR Vs. NEELAM MA...
SC held that if wife has not stayed in the residence to be inducted in a Domestic Relationship, she can not claim right of residence in that property.
Read MoreFatma Bibi Ahmed Patel vesrus ...
SC held that a foreign citizen can not be arrested w/o following procedure established under S. 188 of CrPC i.e. prior sanction of Central Government
Read MoreAshok Yeshwant Samant vs Smt. ...
Bombay HC held that if wife has filed execution and husband filed alteration of maintenance award. The court can't force to deposit money to satis....
Read MoreB.P. Achala Anand Vs. S. Appi ...
SC held that Right of Residence post Divorce should be decided on the terms and conditions enshrined in divorce petition
Read MoreSATISH KUMAR BHATIA Vs. STATE...
Delhi HC held that when no proof is available about Dowry demand or harassment, husband can not be convicted on mere conjectures.
Read MoreSarojben Ashwin kumar Shah Etc...
Sarojben Ashwin kumar Shah Etc. Vs State of Gujarat & Anr.
Read MoreBhausaheb @ Sandu S/O Raghuji ...
Bombay HC said that no permanent alimony can be granted if the marriage is annulled u/s 11 of HMA but can be granted if it is annulled u/s 12 of HMA
Read MoreChhandupriya @ Priyanka Vs. Ra...
Bombay HC annulled marriage on the grounds that wife had an affair prior to marriage and she refused to consummate the marriage.
Read MoreADVOCATE RAMESH & ANR. Vs. STA...
Bombay HC defined the word "Reside" in DV Act. It defined it as a place of residence where the intention is to stay permanently and it can n....
Read MoreABBAYOLLA M. SUBBA REDDY Vs. P...
AP HC held that Permanent Alimony can be granted only on a decree under S 9 to 14 of HMA and can't be granted under any other act including S. 18 ....
Read MoreA. JAYACHANDRA Vs. ANEEL KAUR...
SC held that constant nagging on various aspects and suspecting fidelity of the husband amounts to cruelty on part of wife and husband is entitled to ....
Read MoreAmit Agarwal And Ors vs Sanjay...
P&H HC held that complaint under Domestic Violence Act can't be filed after Divorce as no cause of action survives.
Read MoreRAHUL GUPTA & ORS. Vs. SHALINI...
Kerala HC explained the jurisdiction for filing complaint and for quashing of the proceedings. Though it was dismissed one should study it to learn th....
Read MorePUSHPA RAJAI Vs. JAI PRAKASH L...
Falsely alleging sexual relationship with sister-in-law and niece itself is cruelty. Breaking settlement agreement aggravates the cruelty.
Read MoreKarnataka HC held that wife can not file for execution of Maintenance after one year from the date arrears became due.
Read MorePREM SINGH Vs. STATE OF HARYAN...
P&H HC held that merely because death has happened due to unnatural circumstances or suicide can't lead to conclusion that it was dowry death ....
Read MorePRATEEK GUPTA Vs. SHILPI GUPTA...
SC laid down determining factors for custody of minor of foreign jurisdiction.NRI fighting Child Custody.
Read MoreSUBAL CHANDRA SAHA Vs. PRITIKA...
Guwahati HC held that if wife was missing and is caught in the house of paramour the inference is that it is not isolated and she was living in #....
Read MoreKUSUM SHARMA Vs. MAHINDER KUMA...
This Court is of the view that filing of affidavit of assets, income, expenditure and liabilities by both the parties in the prescribed format at the ....
Read MoreDarshana Devi Vs. Anil Kumar S...
Delhi HC held that if a woman alleges miscarriage due to beatings by husband and is proven wrong that is cruelty towards husband and he is eligible to....
Read MoreStree Atyachar Virodhi Parisha...
SC held that not discharging moral obligations itself won't make a person accused in #498a or #Dowry Death case if legal requirements w.r.t. these....
Read MoreBhabani Praasad Jena v. Conven...
Supreme Court held that State Commission for women can not direct anyone to give maintenance or undergo DNA Test
Read MoreCHANDAN MISHRA Vs. UNION OF IN...
Delhi HC explained why some Child Custody cases w.r.t. NRI minors can run in India & what is "Principle of First Strike"
Read MoreDelhi HC granted anticipatory bail to the accused when it was shown that the harassment was on petty things and not for demand of dowry.
Read MoreAMIT GARG & ORS. Vs. STATE OF ...
Allahabad HC quahed the order of CJM taking cognizance of the Chargesheet as the same was done w/o application of judicial mind & remanded back fo....
Read MoreSAYYED JABBAR ALI Vs. MST. SAH...
Bombay HC held that if wife is unable to prove her allegations of maltreatment and cruelty and thus does not have sufficient cause to stay away from h....
Read MoreTRIPTI CHAKRABORTY Vs. ANJAN C...
Calcutta High Court held that Maintenance should be in consonance with the post & income of the husband during protracted trial and husband can....
Read MoreMONIKA HOM ROY Vs. SMARAN ROY...
Guwhati HC held that misbehavior in public places by wife, her intolerant behavior etc makes husband's life and social image tattered. Cruelty est....
Read MoreAMARDEEP SINGH Vs. HARVEEN KAU...
Supreme Court laid down the procedure and safeguards needed for waiver of Statutory period of Six Months between two motions in Mutual Consent Divorce
Read MoreDelhi High Court held that if there was no legal marriage, case under 498a or even Dowry Death is not attracted even in case of death of woman.
Read MoreSTATE Vs. DHRUV KUMAR SINGH...
Rajasthan HC acquitted the accused when it was proven that the version of the complainant is totally different from her assertions in Divorce&nbs....
Read MoreSMT. SUNITA SINGH Vs. RAJ BAHA...
Allahabad HC held that letters written by wife shows her deep love for another man, her conduct of running away from home raises suspicion. No direct ....
Read MoreMadras HC held that if after passing of Maintenance order husband and wife compromise and starts staying together. Execution proceedings should be dro....
Read MoreAMIT KUMAR & ORS. Vs. CHARU MA...
Delhi HC held that custody of child under domestic violence act is not a final order and the same is temporary order and the final outcome of any cust....
Read MoreYUDHISTIR MOHANAND Vs. DALIMBA...
Orissa HC held that father being the natural guardian can not be charged with kidnapping of the minor child.
Read MoreKunaldev Singh Rathore @ Kunal...
MP HC held that defence documents may be considered by the court u/s 482 CrPC for just disposal of the case.
Read MoreSHAKUNTALABAI Vs. NAND KISHORE...
MP High Court held that if husband has properties like house or something he can't be sent to jail in execution proceedings w/o attaching these pr....
Read MoreKarnataka HC held that if a wife who is normal healthy human being and is well educated & still refuses to earn, such a refusal on the part of wif....
Read Moreputuli das vs dina nath talukd...
Guwhati HC held that Adultrer must be impeaded as necessary party in the pleadings.
Read MoreURMILA DEVI Vs. DEVINDER KUMAR...
Delhi HC granted divorce to a man when wife was threatening to complain against superiors of the man and threatened to teach a lesson.
Read MoreSh. Satish Mehra versus Delhi ...
SC discharged a father of nefarious charges of Sexual Abuse of infant daughter filed by wife when the same complaint was previously found wrong by New....
Read MoreBALARAM DASH Vs. SMT. GIJANJAL...
Orissa HC held that if wife fails to comply with the decree of restitution of conjugal rights, she looses right to maintenance u/s CrPC 125
Read MoreBHUPINDER SINGH Vs. DELHI COMM...
Delhi HC quashed a Maintenance Order passed by DCW (Delhi Commission for Women) on the grounds that it had no power to pass any Mainten....
Read MoreKRISHAN GOPAL Vs. USHA RANI...
P&H HC held that only wife and divorced wife can take maintenance u/s 125 CrPC and not a wife whose marriage is annulled by competent court.
Read MoreVIVEK BHATIA Vs. ANJU BHATIA...
Uttrakhand HC held that if wife suffers from Borderline Personality Disorder because of which she abuses husband and gets physically violent, husband ....
Read MorePRAMOD BIJALWAN Vs. SATENDRA D...
Uttrakhand HC held that vague allegations just to defame the husband amounts to cruelty
Read MoreSANTOSH KUMAR MAURYA @ SANTOSH...
Patna HC quashed a 498a as it was filed with malafide and as a counter blast to the Divorce petition of husband only
Read MoreNITABEN DINESHKUMAR OZA Vs. DI...
Gujrat HC held that a child who has attained majority, unless suffering from physical or mental infirmity is not entitled to get maintenance from fath....
Read MoreKG Vs. STATE OF DELHI & ANR....
In this Landmark Judgment Delhi HC directed mother to return to USA. It further held that minor needs both parents & access to each parent should ....
Read MoreMUNNA KURAISHI Vs. STATE OF BI...
Patna HC held that any order of maintenance without assessing the financial condition of Petitioner wife is bad in law. Magistrate asked to give order....
Read MoreSTATE OF HIMACHAL PRADESH Vs. ...
Himachal Pradesh HC held that if prosecution has failed to prove cruelty as ingrained in S. 498a beyond reasonable doubt; presumption can't be tak....
Read MoreRASHMI RAIKHY & ANR. Vs. STATE...
Delhi HC held that if the accused has not absconded and has always been cooperating with the investigation; no cause of action to issue Look Out Circu....
Read MoreDelhi HC held that if irrational behavior of the wife makes it impossible for husband to have a normal cohabitation with her, he is entitled for decre....
Read MoreSANJAY BHARDWAJ & ORS. Vs. STA...
Delhi HC held that husband can't be asked to beg, borrow or steal to maintain his wife. if an NRI is stuck in India and not earning anything, the ....
Read MoreETTIAPPA MUDALIAR & ANR Vs. T....
Madras HC held that if father does not suffer from any disqualification then he being the natural guardian is preferred for custody of children over g....
Read MoreMRS. NEELU KOHLI Vs. NAVEEN KO...
Allahabad HC held that if a husband has been hurt because of consistent behavior of the wife, wife can't take defense that she never intended to d....
Read MoreABHA ARORA Vs. ANGELA SHARMA &...
Delhi HC held that any claims w.r.t. Maintenance and Right of Residence can be made against husband only. Shared Household Defined
Read MoreAjay Bhaichandbhai Vora vs. Ru...
Gujarat HC held that scope of maintenance can not be enhanced to a woman demanding lump sum amount for purchase of an accomodation.
Read MorePARIMI MEHAR SESHU Vs. PARIMI ...
AP High Court held that beating child to spite the husband is cruelty towards husband
Read MoreMEENAKSHI MEHTA Vs. MAJOR ATUL...
HP HC held that false allegations that husband is not providing maintenance is cruelty towards the husband.
Read MoreBABAJI CHARAN BARIK Vs. STATE...
Orissa HC held that if there is no evidence on record w.r.t. the cruelty which is linked to Dowry Demand, it is wrong to convict even the husband. Con....
Read MoreVijay Kumar and Anr. vs. Sunit...
Madhya Pradesh HC held that offence of criminal breach of trust can be inquired into only by court in whose jurisdiction criminal breach of trust occu....
Read Moreashok kumar deshmukh vs gayatr...
Chattisgarh HC held that if it is proven that wife had an affair and also proven that she lived with husband only for short period and did not return ....
Read MoreBAJIRAO RAGHOBA TAMBAR Vs. TOL...
Bombay HC held that if marriage is null and void then such wife is not entitled to maintenance u/s 125 CrPC.
Read Morerishi anand anr vs government ...
Supreme Court held that even if the assertions of the wife as beating is taken as gospel truth, still it does not attract S. 406 of IPC if the constit....
Read MoreSMT. RUKMANI DEVI Vs. BADRI NA...
Rajasthan HC held that insulting husband in front of his relatives is cruelty
Read MoreMP HC held that Adulterous wife is not entitled for maintenance however children born out of marriage shall be maintained if they reside with mother
Read MoreMohit Yadav Vs. State (Govt. o...
Delhi HC granted Bail in the False Rape case when it was proved that the prosecutrix who happened to be a married lady was acquainted with the ac....
Read MoreAJAY PAL SINGH Vs. ROSY SINGH ...
Chattisgarh HC held that interfering in official work of husband which jeopardizes his official position amounts to cruelty on part of wife
Read MoreS.S. Manickam Vs. Arputha Bhav...
Madras HC held that wife looses her rights to maintenance u/s 125 CrPC if she is leading Adulterous life.
Read MoreBombay HC held that unless the prosecution case is watertight the benefit of doubt should be available to accused in case of suicide by woman within7 ....
Read MoreDelhi HC held that if wife has indifferent attitude towards ailing father-in-law, tries to jump balcony and not allowing normal sex life to husba....
Read MoreSANTOSH SHARMA & ORS. Vs. STAT...
Rajasthan HC held that if a woman claims better life style and standard of living in matrimonial house, the same has to be substantiated by her & ....
Read MoreSHABNAM PARVEEN Vs. STATE OF W...
Calcutta HC held that widow daughter-in-law can not claim maintenance from father-in-law under provisions of Domestic Violence Act.
Read MoreBHASKAR LAL SHARMA Versus MONI...
Supreme Court discussed complete merits of how #498a ought to be made applicable and discharged all accused of S. 498a and charged only Mother-in-law ....
Read MorePRADEEP @ BALLI Vs. STATE, NCT...
Delhi HC held that the conduct of the prosecutrix post event is an important factor in determining whether it was rape or consented sex gone wrong. If....
Read MoreVIKAS PANDEY Vs. VANDITA GAUTA...
Allahabad HC held that right of maintenance is for women who can't earn and if the woman is more educated than man & has ability to earn then ....
Read MoreState of Andhra Pradesh Vs. M....
Supreme Court held - Delay in lodging the FIR has to be satisfactorily explained. Delayed FIRs are most often than not coloured versions of events, th....
Read Moreamaravathy vs r a pakkirinatha...
Madras HC held that if conduct of the wife brings mental agony, misery and pain to husband he is entitled to Divorce on this ground
Read MoreShashi alias Mala vs. State an...
Rajasthan HC held that if wife gets divorced on the grounds of mutual consent by taking alimony, she is disentitled to claim maintenance or interim ma....
Read Moresantosh kumar maurya santosh k...
Patna HC quashed the 498a case as all necessary details like date, time, place and instance of commission of offence was missing in the complaint
Read MoreD. MANGA @ MANGAMMA Vs. D. VEN...
AP High Court held that if the behavior of the wife is filled with vengeance this makes it impossible for husband to live with such wife. Husband is e....
Read MoreKerala HC laid down procedure & precautions which courts have to take before enforcing the Maintenance order in execution
Read MoreSmt. Rani Nigam, Sitapur Publi...
Central Information Commission held that CCTV footage in public area is covered under RTI and any person can obtain it.
Read MoreCAPT. DEEPAK KUMAR Vs. MANISHA...
P&H HC held that unfounded allegations after departure of wife amounts to cruelty.
Read MoreNARAYANAMURTHY Vs. STATE OF KA...
Supreme Court held that mere proof of cruelty and harassment is not enough to bring about conviction under 304B. It must be shown that such cruelty an....
Read MoreDAGADU SHANKAR TODMAL Vs. STAT...
Bombay HC upturned conviction in 498a as the altercation and fights between husband and wife can't be termed cruelty u/s 498a. The HC also advised....
Read MoreSharadchandra Chandrashekhar S...
Bombay HC held that if decree of judicial seperation is passed in favor of husband on grounds of desertion, that means wife did not have any valid rea....
Read Morebrijinder bir singh vs vinod a...
P&H HC held that concealment or misrepresentation in matrimonial advertisement is ground for annulment
Read MoreSMT. SURBHI AGRAWAL Vs. SANJAY...
MP HC held that cruelty envisaged under HMA is not only physical, it includes mental agony, torture and distress resulting in everyday stress and trau....
Read MoreNeelu Chopra & Anr. versus Bha...
Supreme Court held that 406 requires date of entrustment and date of denial of return of articles and charge u/s 406 can not be levied without these
Read MoreKAMAL Vs. KM. AHILYA AND OTHER...
Allahabad HC held that if a man raises objection that he is not biological father of the minor, the family court should allow him to lead evidence in ....
Read MoreLAXMAN SINGH Vs. STATE OF UTTA...
Uttranchal HC held that recovery of maintenance beyond 12 months is barred by proviso of 125(3) CrPC
Read MoreSTATE Vs. BRIJ DEV TIWARI @ PA...
Delhi Hc upheld acquittal of a man when the child looked to be tutored and coached. Also medical evidence did not support any kind of Rape.
Read Mored parthasarathy vs mrs vinayap...
Karnataka HC held that wife can't be allowed to continue vicious prosecution against husband and same time seek RCR decree in her favor
Read MoreState of Haryana Vs. Jasvinder...
SC upheld acquittal of a man because the evidence was infirm. One should read such judgments to understand how contradictions/ callousness of prose....
Read MoreDelhi HC held that bald and unsubstantiated allegations of Husband's income can't be taken at face value and in the absence of any proofs and ....
Read MoreMANISHA SANDEEP GADE Vs. SANDE...
Bombay HC not only granted divorce to the husband when wife levelled baseless and false allegations. It also denied #Maintenance to wife bec....
Read Moresmt nidhi dalela vs deepak dal...
Raj HC held that if wife who can't disprove allegations of cruelty and adultery against her tries to level unsubstantiated allegations of promiscu....
Read MoreMalti Chauhan Vs. State Govt. ...
Delhi HC acquitted a man from Rape allegations when the prosecutrix statement was full of inherent contradictions and MLC did not support he....
Read MorePoonam Singh vs State & Ors....
Delhi HC held that proceedings can not continue on improbable and vague allegations.
Read MoreDelhi HC held that refusal to have sex after marriage and failure to perform customary rituals of husband's family is cruelty.
Read MoreRAMPADA BISWAS Vs. DOLLY MITRA...
Kolkata HC held that if maintenance is being given from retrospective effect, i.e. date of filing, the magistrate shall assign reasons thereof. Else i....
Read MoreYuvraj Digvijay Singh verus Yu...
Supreme Court held that non-consummation of marriage can't be equated with impotency u/s 12 HMA.
Read MoreKotti Veera Venkata Padmavathi...
AP High Court held that if wife files criminal cases in response to husband's divorce petition even that is cruelty.
Read MoreBABULI @ RAJKISHORE RANA Vs. P...
Heard argument from the learned Counsel for both the parties and the judgment is delivered as follows: 2. Petitioner challenges the order dated 20.....
Read MoreSyed Asgar S/O Syed Anwar vers...
AP HC held that if crime happened outside India and police has not followed procedure u/s 188 CrPC. It is an abuse of process of law. Proceedings quas....
Read MoreABDUL RAZIK Vs. REGIONAL PASSP...
Madras HC held that mere pendency of FIR is not a bar for re-issuance of the Passport and permission of court is not required unless the per....
Read MoreSAVITRI BALCHANDANI Vs. MULCHA...
Delhi HC held that if wife's version that she was driven out of matrimonial home is not believable, desertion stands proved.
Read MorePradeep Kumar @ Pradeep Kumar ...
Supreme Court held that consent for intercourse given by prosecutix on the promise that accused would marry him at later date can't be said to be ....
Read MoreTilak Raj Vs. State of Himacha...
Supreme Court held that when the accused is acquitted of Rape on Promise to marry and it was proved that prosecutrix had long standing relation with t....
Read Moresubhaschandra vs indubai anr...
Karnataka HC held that Right of Maintenance is against Husband and Father only in CrPC 125. Lady can't claim maintenance from Father-in-law
Read MoreUNNIKRISHNAN @ CHANDU Vs. STAT...
Kerala HC quashed #498a in live-in relationship. Held that 498a is not attracted without valid marriage.
Read MoreDelhi HC held that even a single and isolated event of severe cruelty can be sufficient for Divorce
Read MoreRajasthan HC held that amount paid to wife u/s 24 HMA to be adjusted against monies husband is liable to pay u/s CrPC 125
Read MoreMAHABIR SINGH Vs. NIRMALA DEVI...
P&H HC held that being called abusive names related to one's profession won't be acceptable to any self respecting husband. In instant ....
Read MoreSMT. CHANDAN AGARWAL Vs. MUKES...
MP HC held that refusing to fulfill sexual desires of the husband and instead calling him impotent is cruelty against the husband. Divorce granted in ....
Read MoreASHISH BHARTI Vs. MEETA SACHDE...
Gujrat HC held that if it is proved that Wife is financially being supported by the Adulterer, Husband can't be saddled with Maintenance
Read MoreEkta Arora Vs. Ajay Arora and ...
Delhi HC held that if mother-in-law is the absolute owner of the property, daughter-in-law can not enforce right of residence in that property.
Read MoreKAMLAKANT JOSHI Vs. SANTOSHBAI...
MP HC held that if wife alleges incestuous relations between Husband and his Bhabhi and fails to prove it, the fit case of matrimonial cruelty is made....
Read MoreMAYA DEVI & ANR. Vs. STATE OF ...
Supreme Court held that for conviction to sustain in 304B and 498a, it need to be proven by the prosecution that the victim was subjected to harassmen....
Read MoreJAIPRAKASH DATTATRAY PATADE Vs...
Bombay HC held that making husband leave his own house, not providing food and alienating children against him is cruelty fit for Divorce.
Read MoreBANSI LAL Vs. STATE OF HARYANA...
Bansi Lal vs State of Haryana Supreme Court 14/01/2011 CRIMINAL APPEAL NO. 1322 OF 2004 About/from the judgment: While considering the ....
Read MoreSHEETAL PRASAD GAUR AND OTHERS...
MP HC quashed the FIR as allegations were patently absurd and improbable & filed with ulterior motive
Read MoreDILSHAD HAJI RISAL Vs. STATE O...
Allahabad HC held that undergoing sentence for failure to pay maintenance does not waive off arrears of maintenance. The same still needs to be paid.
Read MoreDINESH NAGDA Vs. SHANTIBAI DIN...
MP HighCourt held that unsubstantiated allegations becoz of which Husband & his Family members had to suffer long trial itself is cruelt....
Read MoreSudhakar @ Sudharasan Vs. Stat...
Supreme Court set aside conviction as the allegations were absurd in nature and the testifying doctor did not report to Police despite it being Medico....
Read MoreBHUSHAN KUMAR MEEN vs MANSI ME...
SC held that liabilities of Husband like EMIs should be taken in consideration
Read MoreDelhi HC held that while deciding Anticipatory Bail, recovery of Stridhan or Dowry articles is not a pre-condition. Husband joined....
Read MoreRAM LAL Vs. SMT. SURINDER KAUR...
P&H HC held - requirement of court 2 see maintenance claimant is earning himself/ herself
Read MoreSAIBAL DEY Vs. CHAITALI DEY & ...
Calcutta HC held that even in ex-parte order court has to be reasonable in awarding maintenance. Court can not order exorbitant maintenance w/o substa....
Read MoreSUBHASH CHANDRA DAS CHOWDHURY ...
Calcutta HC held that forced entry of Wife in the house of Husband with help of goons during Divorce Proceedings is Cruelty toward....
Read MoreVIKAS AGARWAL Vs. GEETI MATHUR...
Delhi Hc laid down guidelines after a child turned hostile and inimical to the father just after six months of staying with the mother
Read MoreSharli Sunitha vs D. Balson...
Madras HC held that Mother is not always the best person to have the custody of child. Child Custody granted to father on various parameters,
Read MoreSWAPNIL AND OTHERS Vs. STATE O...
Supreme Court held that if the complaint is vague and no specific date time is mentioned the said complaint is liable to be quashed as there is no cha....
Read MoreG.V.N. KAMESWARA RAO Vs. G. JA...
SC held that if non-cooperation of wife and her hostile attitude leads to severe traumatic experiences to husband, it is a fit case for Divorce
Read MoreS. VIJAYA & ORS. Vs. S. DHARMA...
AP HC held that in the absence of specific direction to pay maintenance from date of application, it shall only be construed that maintenance shall be....
Read MoreSATISH KUMAR GOGIA & OTHERS Vs...
P&H HC quashed FIR against brothers and other relatives as they were arraigned as accused without any satisfactory and substantial allegations. ....
Read MoreVishwanat Vs. Sau. Sarla Vishw...
Supreme Court held that events subsequent to filing of divorce can also be taken in consideration while deciding divorce application.
Read MoreKerala HC held sharing bed with another man amounts to cruelty. Husband granted Divorce
Read MoreSMT. SUMANGALA Vs. LAXMINARAYA...
Karnataka HC held that mere taking away the custody of children away from mother does not attract 498A. Proceedings initiated quashed.
Read MoreLalit Kishore Verus Meeru Shar...
SC allowed medical examination of mental condition of wife to ascertain the truth
Read MoreBhagwat Pitambar Borse Vs. Anu...
Bombay HC held that if husband obtains decree of divorce on the grounds of Adultery, he need not prove his grounds again for cancellation of maintenan....
Read MoreSMT. SUMAN SINGH Vs. TULSI RAM...
MP HC granted divorce to the husband on grounds of desertion when wife was not able to prove inhuman treatment which she took as defense,
Read MoreSAWARANJIT KAUR—Appellant ve...
P&H HC held that if wife contracts second marriage while first husband is very much alive, such marriage is patently illegal and null and void.
Read MoreS.T. PRABHAKAR Vs. SECRETARY O...
Madras HC held that distress warrants be used only in cases where husband fails to comply the maintenance order w/o sufficient cause.
Read MoreCalcutta HC held that if compensation (Rental) for alternate accomodation is provided the wife can not enforce right of residence in any particular pr....
Read Morev chandrasekharan vs vasantha ...
Delhi HC quashed 498a/ 406 case when allegations of entrustment and refusal to return was raised for the first time in FIR and was not mentioned in ot....
Read MoreDr. Satheesh N.V. and Ors. Vs....
Kerala HC held that if magistrate does not hold territorial jurisdiction to try an offence, the same shall not be entertained by him, it should be ret....
Read MoreSTATE OF MADHYA PRADESH Vs. DU...
MP High Court held that conviction in 498a can't be on the basis of vague statements and clinching evidence beyond reasonable doubt has to be ther....
Read MoreSangeeta Kumari vs The State O...
Jharkhand HC held that if wife gets maintenance under two sections, she is entitled to get only the higher amount.
Read MoreCHHOTU SINGH & ANR. Vs. SMT. R...
Rajasthan HC stated that any increase in Maintenance amount is applicable from the date of order only.
Read MoreP&H HC held that if wife was medically found to be of moderate retardation and due to the conduct husband suffered, who thereafter taken away by h....
Read MoreVikul Bakshi Vs. The State (NC...
Delhi HC granted Anticipatory Bail to an accused when rape allegations are due to intercourse on the pretext of marriage. People who know each other f....
Read MoreMOHIT NARULA Vs. STATE OF NCT ...
Delhi HC held that if woman is in pre-existing marriage, there can not be any intercourse based on promise to marry. Fraud for consent can not be prov....
Read MoreBASANT KAUR & ORS. Vs. STATE (...
Delhi HC held that if woman has stayed with husband for a long long time and then alleges maltreatment and dowry demand, the same has to be looked wit....
Read MoreMohd Babu@Sameer vs Shakila...
Delhi HC held that if the settlement agreement is comprehensive then wife can not seek further maintenance from husband.
Read MoreP&H HC held that if the husband has no right or title in any house owned by his father or grandfather from his own earnings, wife cannot seek righ....
Read MoreSmt. Bichitra Bharali Kalita V...
Gauhati HC held that if wife levels serious allegations against husband and fails to prove it, the same can be called cruelty against husband. Divorce....
Read MoreDILIPBHAI MOTIBHAI SONARA….A...
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 350 of 2016 DILIPBHAI MOTIBHAI SONARA&....
Read MoreJASMEET KAUR Vs. NAVTEJ SINGH...
Delhi HC held that petition is maintainable only at the place where minor is ordinarily residing.
Read MoreAmal Mukherjee versus Pranat...
Form No. J (1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present: The Hon’ble Justice Ashim K....
Read MoreBaiju Radhakrishnan Nair vs Un...
Calcutta HC held that documents which don not form part of Police report can not be looked into HC while quashing. The defence if any has to be taken ....
Read MoreKoushik Vs. Sau. Sangeeta Kous...
Bombay High Court IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL WRIT&....
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