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The Division Bench opined that in Section 498-A IPC cases, the courts have to be careful to identify instances of over implication and to avert the suffering of ignominy and inexpiable consequences.
The complainant was pitted against the might of petitioners, i.e., husband, father-in-law, and three sisters-in-law, who were abusing and ill-treating her on petty issues and their sole aim was to extort money from her and her parents.
The amount of compensation is fixed as a token to remind the Judicial Officers that before taking cognizance and during judicial inquiry and trial, it is the bounden and obligatory duty to go through the complaint carefully and then take cognizance.
The essential element of dowry is payment or demand of money, property or valuable security given or agreed to be given as “consideration of marriage”.
The case under 498-A of the Penal Code, 1860 seems to be the outcome of a personal grudge and differences between both the parties.
“Demand for dowry should be the continuing cause for the death of the married women. Cruelty can be mental, or it can be physical. Every instance of cruelty and related harassment has a different impact on the mind of a woman.”
The object of maintenance proceeding would be that one party having no sufficient means to satisfy his/her daily needs and has no source of income to procure bread and other needs which are necessary to maintain one's life, if the same is to award after 10 years of the prayer then the very purpose would be frustrated and defeated.
The Court pointed out that ‘woman’ as per S. 498-A, IPC means and includes a legally wedded wife.
The Court said that Section 498-A is being rampantly misused by the complainants and all the family members are roped in the complaint only with a view to harass them.
Delhi High Court observed that an inadequately drafted agreement will be one that fails to include essential elements such as the name of all the relevant parties, the terms outlining the conditions of settlement, and the consequences in the event of non-compliance or breach.
The Telangana High Court upheld the conviction of a husband under Section 498A of Penal Code, 1860 (IPC) despite there being contradictions in the dying declarations as there were consistent statements about abuse and cruelty committed on the wife in all the dying declarations.
Supreme Court: In an interesting case the Vacation Bench comprising Dinesh Maheshwari and Krishna Murari, JJ., disapproved a strange bail condition imposed
Delhi High Court: Anu Malhotra, J., dismissed the petition in view of the dispute being settled mutually. The instant petition sought quashing of
Suchita Shukla, Editorial Assistant has put this story together
Supreme Court: The 3-judge bench of Ranjan Gogoi, CJ and L. Nageswara Rao and SK Kaul, JJ delivered a very important judgment
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Supreme Court: The Bench comprising of CJ Dipak Misra and A.M. Khanwilkar and Dr D.Y. Chandrachud, JJ., while disposing of a writ
Gujarat High Court: In the instant application wherein the applicant invoked the inherent power of the Court under Section 482 of CrPC
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