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Showing posts with label cruelty. Show all posts
Showing posts with label cruelty. Show all posts
Saturday, 27 December 2025

Supreme Court: Vague and omnibus allegations in a Section 498A FIR fail to constitute cruelty without specific instances or evidence

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Merely stating that the Accused-Appellant has mentally harassed the complainant-Respondent No. 2 with respect to a demand of dowry does not ...
Sunday, 21 December 2025

Supreme Court: Mere general allegations of harassment without pointing out the specifics against such persons would not be sufficient to continue criminal proceedings under Section 498A of the IPC.

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A bare perusal of the FIR shows that the allegations made by  the complainant-respondent No.2 are vague and omnibus.  Other than claiming th...
Wednesday, 2 July 2025

Bombay HC: Section 377 IPC and Marital Disputes: Distinguishing Grounds for Divorce from Criminal Offence

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Heard submissions and pursued the FIR and other documents. The complainant has grievance against her husband, who is a gay and kept sexual r...

Can a Wife Prosecute Her Husband’s Male Partner for Unnatural Offence under Section 377 IPC?

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Bombay High Court Discharges Accused from Section 377 IPC After Navtej Singh Johar Judgment: A Landmark Application of LGBTQ Rights Articl...
Wednesday, 25 June 2025

Supreme Court Acquits Husband in Dowry Death Case: Holds Prosecution Failed to Prove Cruelty or Harassment “Soon Before Death,” Presumption Under Section 113-B Evidence Act Not Applicable Due to Contradictory Testimonies

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In the cross-examination, PW-7 stated that police had recorded his statements on 3rd April 1998 and 7th April 1998, which were marked as exh...
Sunday, 23 February 2025

What is distinction between concept of cruelty U/S 498A of IPC and Under Civil law or Matrimonial law?

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  C. Veerudu Vs. State Of A.P.(1989) CR. L.J. NOC 52(A.P.) S. 498 A The sole constituent of offence u/s 498 A is cruelty which means 'wi...
Monday, 17 February 2025

Supreme Court: Laws Intended To Protect Women From Cruelty & Dowry Harassment Shouldn't Be Misused To Settle Personal Scores

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 Criminal law should not be used as a tool for harassment or vendetta. The allegations in a criminal complaint must be scrutinized with care...
Saturday, 25 January 2025

Delhi HC: The court must adopt gender neutral approach/Men facing cruelty in marriage is also entitled to same legal safeguards as women

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  In this Court‟s opinion, the hallmark of fair and just justice  delivery system is to remain gender-neutral while adjudicating cases  of s...

Delhi HC: Under which circumstances wife is not entitled to anticipatory bail for causing injury to husband?

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The other argument that the accused be granted bail since she  has a three month old child to take care of, is also found unmerited in this ...
Sunday, 5 January 2025

Bombay HC: In-Laws Keeping Young Child Away From Mother In Defiance Of Court Order Is Cruelty U/S 498A IPC

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 As mentioned above, the daughter of respondent No. 2, who is now only around four years old is kept away from her. A judicial order passed ...
Friday, 23 August 2024

Bombay HC: Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC

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Non-applicant  No.2 Bharti, has lodged the complaint against her husband Nitesh  stating that because of the affair of her husband with the ...
Monday, 12 August 2024

Bombay HC: In-Laws Can't Be Booked U/S 498A of IPC Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty

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 In the case of R. P. Kapur V/s. State of Punjab, reported in MANU/SC/0086/1960 : 1960:INSC:61 : AIR 1960 SC 866, the Hon'ble Apex Court...
Sunday, 31 December 2023

Bombay HC: Indian Court Can Entertain Complaint Against Domestic Violence Committed Abroad

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It would be necessary at this stage to consider the decision in the case of Rupali Devi Vs. State of Uttar Pradesh (supra). It is true that ...
Saturday, 23 December 2023

Supreme Court guidelines for ascertaining mental cruelty in matrimonial relations

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  No uniform standard can ever be laid down for guidance, yet we deem it appropriate to enumerate some instances of human behavior which may...

Supreme Court: Irretrievably Broken Down Marriage Can Be Dissolved On Ground Of 'Cruelty'

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When we take into consideration the facts as they exist today, we are convinced that continuation of this marriage would mean continuation o...
Sunday, 26 March 2023

Is a government servant entitled to 100% back wages if acquitted for cruelty upon his wife upon compromise?

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   In the present case, respondent is not acquitted on merits. His acquittal is attributable to compromise with his wife. Petitioner-State  ...
Saturday, 24 December 2022

Whether Marrying Another Woman Without Wife's Consent Constitutes Cruelty U/S 498-A IP?

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When a husband performs the second marriage while his first  marriage is alive, a question arises as to whether such act on the part of husb...
Sunday, 3 July 2022

Whether Offence under S 498A of IPC committed beyond Indian Territory by Indian Citizens can be tried in India?

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The Court also finds that under Section 188 and 189 Cr.P.C. the offences alleged to have been committed beyond the territory of India by an ...
Sunday, 15 May 2022

Whether the court can rely on dying declaration of wife for convicting husband for an offence U/S 498A of IPC?

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   A reading of the above pronouncements makes it clear that, in some circumstances, the evidence of a deceased wife with respect to cruelty...
Tuesday, 30 November 2021

Can allegations of demand of dowry and alcohol consumption made by wife amount to ‘cruelty’?

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  The allegations made by the respondent wife with regard to the petitioner demanding dowry and indulging in alcohol consumption, in our vie...