Section 498-A IPC
Wife filing false case under S.498-A IPC to correct husband’s behaviour amounts to cruelty: Bombay HC
Once the mind of a spouse is corrupted to resort to a false prosecution against a spouse, it is certain that the spouse has lost all reasonableness and rationality to maintain solemnity of the marriage.
‘Husband’s inability to cohabit is a condition known to him and does not travel beyond home’; Bombay HC quashes FIR against husband’s relatives
The Court stated that Applicants 5 to 8, being maternal uncles and their wives, are only instrumental in introducing Applicant 1’a marriage proposal to the complainant and it cannot be said that they knew about his condition.
‘Police personnel strangulating pregnant wife not exceptionally brutal/violent’; Bombay HC holds husband eligible for remission
No separate category is carved out as an exception to the normal Rules of remission provided under Section 4321 of the Criminal Procedure Code, 1973 for a Police personnel committing heinous crime of murdering his pregnant wife.
‘Making wife sleep on carpet not cruelty’; Bombay HC sets aside conviction u/s 306 IPC against husband and in-laws
To apply Section 3061 of the Penal Code, 1860, it is expected of prosecution to demonstrate that there is live link/active role played by appellant in instigating the suicide.
‘Restoration of conjugal life’ cannot be imposed as a condition for anticipatory bail u/s 498-A of IPC: Patna High Court
“By way of judicial proceeding, an offence under Section 498-A of the Penal Code, 1860 can be compounded, but in the statute the offence has been made non-compoundable.”
Non-consummation of marriage due to husband’s spiritual inclinations is cruelty under Hindu Marriage Act and not S. 498-A of IPC: Karnataka High Court
Noting the husband’s interest in watching videos by Sisters of Brahmakumari, which eventually led to non-consummation of his marriage, the Court was of the view that this situation does not fall under the scheme of S. 498-A, IPC.
Proceedings under S. 498-A IPC cannot be quashed simply because it was filed after receipt of divorce notice: Karnataka High Court
It was stated that decision of the co-ordinate Bench of the High Court in Naresh Gundyal v. State on same issue, defeats the very object of S. 498-A, IPC and Domestic Violence Act, 2005.
In matrimonial offences, quashing is welcome as it shows that parties have decided to put an end to the lis as well as to the misery they undergo: Del HC
Delhi High Court: Stating that, cases under Section 376 of Penal Code, 1860 should not be quashed and should not be taken
Can filing of divorce petition by husband be an act of ‘Cruelty’? Bom HC elaborates
Bombay High Court: Vibha Kankanwadi, J., held that, if a husband files a divorce petition that cannot be taken as an act
Irretrievable breakdown of Marriage: Chh HC dissolves marriage on appeal filed by husband against trial court order
Chhattisgarh High Court: Sanjay S. Agrawal, J., reversed the judgment of the trial court and granted divorce in an application filed by
All HC | Biggest jolt for any married woman that her husband is being shared by some other lady or he is going to marry some other lady: Court dismisses discharge application of husband accused of abetting suicide of wife
Allahabad High Court: Rahul Chaturvedi, J., noted that a lady soon after coming to know that her husband got married in clandestine
22-year-old woman, burnt and buried due to demand of dowry: All HC denies bail to accused husband
Allahabad High Court: Noting the brutality with wife a 22-year-old lady and mother of a one year’s infant child in causing her
Law on S. 498-A IPC | Can an alleged girlfriend be arrayed as an accused in a crime registered under S. 498-A IPC? Bom HC reiterates SC’s observation
Bombay High Court: The Division Bench of V.K. Jadhav and Shrikant D. Kulkarni, JJ., reiterated that an alleged girlfriend cannot be arrayed
Del HC | Husband, his family harass wife for dowry leading to her committing suicide. Can settlement between accused and wife’s father be accepted? Court decides
Delhi High Court: Mukta Gupta, J., decided whether a settlement of parties wherein an accused and his family members who subjected his
Can someone’s passport be impounded merely because a case under S. 498-A IPC is pending or a red corner notice issued? MP HC unravels
Madhya Pradesh High Court: Sujoy Paul, J., held that the pendency of matrimonial cases alone cannot be a ground to decline the
Law on Custody | Husband alleged to have been cause of wife’s death who committed suicide. Will this be a consideration for granting custody to father of corpus? All HC elaborates
Allahabad High Court: Dr Yogendra Kumar Srivastava, J., decided an issue with regard to the habeas corpus petition for custody of a
Absent direct evidence, SC invokes S. 113-A of Evidence Act to uphold conviction of husband, mother-in-law for abetment of suicide
Supreme Court: A Division Bench of S. Abdul Nazeer and Krishna Murari, JJ. refused to interfere in the judgment passed by the
SC allows reduction in sentence under S. 498-A IPC if husband pays Rs 3 lakh compensation to wife, children
Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hrishikesh Roy, JJ. agreed to reduce the sentence of the appellant−husband convicted
AP HC | Is girlfriend or concubine a “relative” of husband, liable to be prosecuted for cruelty under S. 498-A IPC? Court decides
Andhra Pradesh High Court, Amaravati: Cheekati Manavendranath Roy, J., addresses whether a girlfriend or concubine who is not connected by blood or