Thursday, May 9, 2024

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Supemr Court held that if complainant is not legally wedded wife, Section #498A of IPC is not attracted.

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Delhi High Court Savitri Devi vs Ramesh Chand And Ors. on 19 May, 2003 Equivalent citations: 2003 CriLJ 2759, 104 (2003) DLT 824, II (2003) DMC 328, 2003 (69) DRJ 6 Author: J Kapoor Bench: J Kapoor JUDGMENT J.D. Kapoor, J. 1. Though Stat

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Supreme Court held that merely not allowing widow daughter-in-law to enter house does not amount to cruelty u/s 498a. Widow can have another recourses in law

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Delhi 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.

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P&H HC quashed a 498a, when it was filed with a motive to wreck vengeance and put pressure on the husband by implicating distant relatives in the complaint.

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SC held that when FIR and Chargesheet does not disclose ingredients of 498a, husband can not be asked to go through lengthy trial. 498a Quashed.

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Jharkhand HC acquitted a man of 498a as complainant was involved in sexual intercourse b4 marriage with accused and forced into marriage on behest of panchayat she was not treated nicely after that doesnot satisfy ingrediants of 498a

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Orissa HC held that once parties have signed and executed Mutual Consent Divorce then continuation of 498a can not be allowed. 498a Quashed on Husband depositing said amount in court

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IN THE SUPREME COURT OF INDIA                         CIVIL APPELLATE JURISDICTION                         CIVIL APPEAL NO. 1794 OF 2013      

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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 story of the prosecution.

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