It is a cognizable, non-bailable, and non-compoundable offence. She gave an exaggerated version of threat to her life and demand of additional sum of Rs. April 22, 0. Supreme Court of India Three different dying declarations. June 5, 0.
Ramesh Chand were referred wherein the misuse of Section A and the need to adopt measures for prevention of such misuse has been acknowledged. Consent of the girl was not considered to be relevant and hence, she was left with no choice, except to accept all pains and marry. State Of Maharashtra Vs. Sections , A quashed. A comment posted 5 months ago was not published. For safeguarding the interest of woman against the interest of woman against the cruelty they face behind the four walls of their matrimonial home, the Indian Penal Code, herein after referred to as I. Section A of the Indian Penal Code, is an offence.
Since the law is cognizable and non-bailable, police has a free hand in arresting anyone who stucy deems fit as per the written complaint by the woman without ‘any’ investigation. During hearing, we came to know that the appellant filed a criminal case against the respondent and his entire family under Section A IPC.
Top 5 Supreme Court judgment on misuse of 498A
Prima facie case against accused No. January 23, 0. Judgment rendered by Trial Court set aside. The fact that Section A is a cognizable and non-bailable offence has lent it a dubious place of pride amongst the provisions that are used as weapons rather than shield by disgruntled wives.
October 16, 0. No grounds to interfere in judgment under challenge. State Of Himachal Pradesh Court: It is rightly said sometimes the remedies are worse than the perils or disease.
The observation is neither a directive nor a mandate under any article of the Constitution. Gauhati High Court Section a — Insufficient evidence to prove cruelty and demand of dowry — Conviction unsustainable.
498a Landmark Judgements
GST on Restaurants and Eateries: The Court has further directed the National Legal Services Authority to submit a report on working of the aforesaid arrangement by March 31, and the matter has been next listed for hearing in April, We never expected that women would be of such a character in this country. A comment posted 4 years ago was not published. Hence a person can be prosecuted in respect of both the offences punishable under section 4 of the Dowry Prohibition Act and this section.
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Interested in the next Webinar on this Topic? When I look to the facts and circumstances of the present case, in the background of legal principles set out by the Apex Court, I deem it appropriate to quash the complaint against the petitioner in the interest of justice.
(DOC) Misuse of section A in Indian society | Rahul Jain –
January 31, 0. However, there are some cases, where both parties r educated and hold a good degree of respect in society. Sec A and the Allegation of Misuse: Her life both physically and. May 22, 0.
Rajesh Chander Bhardwaj Vs.
Applicants never stayed with complainant and her husband. Sarla Prabhakar Waghmare Vs. In the present case it is crystal clear that the dispute was not regarding any demand by petitioners for dowry but regarding dispute of ownership of flat and site. Have your parents or sisters been falsely accused?
Unfortunately, at the time of filing of the complaint the implications and consequences sttudy not properly visualized by the complainant that such complaint can lead to insurmountable harassment, agony and pain to the complainant, accused and his close relations…. July 30,4998a that the offence under S, A should be made compoundable. March 27, 0. Need of the hour is to create family counseling centers across the country to help those aggrieved families.
November 29, 0.
Fight starts immediately after marriage and wife leaves for parental house JUST 1 day after marriage. No Offence under Section A, I.