Search Results for Tag : 498A
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Allahabad HC: No Arrest During 2 Months Cooling-Off Period After Registration of FIR(15.06.2022)
Allahabad High Court has issued certain guidelines to prevent misuse of Section 498A of the Indian Penal Code including: no action should be taken aga.....
Tags : Allahabad High Court, Guidelines, Section 498A
Allahabad HC: Misuse of Section 498A of IPC Affecting Institution of Marriage(15.06.2022)
Allahabad High Court has held that misuse of Section 498A of Indian Penal Code (IPC) is impacting the traditional institution of marriage and live-in .....
Tags : Allahabad High Court, Section 498A, Live-in Relationship
SC Reduces Sentence as Man Convicted U/s 498A IPC Agrees to Pay Compensation to Wife & Children(01.09.2021)
Supreme Court has reduced sentence awarded to a man convicted under section 498A of Indian Penal Code, 1860 to period already undergone after he agree.....
Tags : Supreme Court, Man Convicted U/s 498A IPC
Guj HC: Divorcee Wife can File S.498A Complaint for Actions Meted Out During Subsistence of Marriage(21.08.2023)
Gujarat High Court has held that allegations of the offence u/s 498A of the IPC can be maintained at the instance of the divorcee wife, provided that .....
Tags : Gujarat High Court, Divorcee Wife, S.498A IPC
Cal. HC: Misuse of Section 498A Unleashing New Legal Terrorism(22.08.2023)
Calcutta High Court while quashing a criminal proceeding has remarked that the legislature has enacted the provision of Section 498A to strike out the.....
Tags : Calcutta High Court, Section 498A, Legal Terrorism
Ker. HC: Living Together on the Basis of Marriage Agreement Has No Legal Sanctity in the Eye of Law(17.10.2023)
Kerala High Court has held that when the couple is living together on the basis of a marriage agreement, they have to be treated as persons in live-in.....
Tags : Kerala High Court, Marriage Agreement, Section 498A
SC: Court Can’t Impose Bail Condition that Husband Must Resume Conjugal Life with Wife(08.12.2023)
Supreme Court has held that the High Court while granting an anticipatory bail should not impose a condition that the husband (accused under Section 4.....
Tags : Supreme Court, Section 498A, Conjugal Life, Bail
SC: Courts can Entertain Complaint u/s 498A Where Wife Takes Shelter After Leaving Matrimonial Home(22.11.2023)
Supreme Court has held that Courts at the place where the wife takes shelter after leaving or being driven away from the matrimonial home on account o.....
Tags : Supreme Court, Section 498A, Matrimonial Home, Cruelty
Cal. HC: Filing False Case u/s 498A IPC Amounts to Cruelty(03.01.2024)
Calcutta High Court while allowing the husband’s petition for grant of divorce, has held that the wife lodging a false criminal case under Section 498.....
Tags : Calcutta High Court, False Case, Section 498A IPC, Cruelty
J&K HC: Complaint Under Section 498A is Maintainable Even If Marriage is Void(04.01.2021)
Jammu & Kashmir High Court has held that even if the complainant woman's marriage with a man is void, still the man and his relatives could be prosecu.....
Tags : Jammu and Kashmir High Court, Complaint Under Section 498A
SC: Acquittal For 498A Will Bar Prosecution to Use 113A Presumption to Prove Abetment To Suicide(27.04.2017)
Supreme Court has said that acquittal of relatives or husband under Section 498A IPC will bar prosecution to use presumption available under Section 1.....
Tags : Supreme Court, 498A, abetment to suicide
Bombay HC: Marrying Another Woman Without Wife's Consent Constitutes Cruelty(13.12.2022)
Bombay High Court has held that marrying another woman by husband during existence of his first marriage is most likely to cause trauma and grave inju.....
Tags : Bombay High Court, Cruelty, Marriage, 498A
Karnataka HC: Woman’s Alleged Illicit Relationship With Complainant’s Husband Not Cruelty(19.02.2024)
Karnataka High Court has held that the accused is not a family member or in-laws in order to be implicated under Section 498A of Indian Penal Code the.....
Tags : Karnataka High Court, S. 498A IPC, Cruelty
SC: Can’t Deny Appointment if Candidate was Acquitted in the Case Tried for Offence Under 498A IPC(05.12.2022)
Supreme Court has directed appointment of a candidate whose candidature was rejected on the ground that he was tried for the offence under Section 498.....
Tags : Supreme Court, Appointment, 498A
Woman can File Case U/S 498A IPC at Place Where She Takes Shelter: SC(09.04.2019)
Supreme Court has held that a woman driven out of her matrimonial home because of cruelty can initiate criminal proceedings under Section 498A of IPC .....
Tags : Supreme Court, Section 498A, Cruelty
SC: If Marriage is Null And Void, Conviction Under Section 498A of IPC is Not Sustainable(17.02.2023)
Supreme Court has held that conviction under Section 498-A IPC would not be sustainable when the marriage was found to be null and void.
Tags : Supreme Court, S. 498A, Marriage, Null
SC: Rs. 5 Lakh Cost Imposed on Wife’s Father for Lodging Fake Cases at Diff. Places Against Husband(22.04.2024)
Supreme Court has imposed a cost of Rs. 5 Lakh on the wife’s father for filing false cases under Section 498A of the Indian Penal Code, 1860 at differ.....
Tags : Supreme Court, Section 498A of IPC, Fake Cases
Bombay HC Upholds Divorce on Grounds of Cruelty, Says 'False Complaint U/S 498A Amounts to Cruelty'(24.04.2017)
Bombay High Court has upheld order of a Family Court dissolving a marriage between a couple who had been married since 1987, on grounds that act of th.....
Tags : Bombay High Court, 498A, Indian Penal Code, Cruelty, Divorce
Complaint Need Not be Filed U/S 498A IPC by Woman Subjected to Cruelty Herself: SC(01.05.2019)
Supreme Court has held that Section 498A of Indian Penal Code does not contemplate that complaint for offence under Section 498A should be filed only .....
Tags : Supreme Court, Cruelty, Section 498A IPC
SC: Can’t Apply Section 498A IPC Mechanically in All Cases of Ill-Treatment by Husband(06.05.2024)
SC has observed that in all cases, where the wife complains of harassment or ill-treatment, Section 498A of the Indian Penal Code, 1860 cannot be appl.....
Tags : Supreme Court, Section 498A IPC, Ill-Treatment, Cruelty
Ker. HC: In a Live-in Relationship, Woman’s Partner Can’t be Prosecuted u/s 498A of IPC(11.07.2024)
Ker. HC has held that to attract an offence punishable u/s 498(A) of IPC, essential ingredient is to subject a woman to cruelty by her husband or rela.....
Tags : Kerala High Court, S. 498A of IPC, Live-in Relationship, Legal Marriage
Bom. HC: Can’t Include Allegations of Ill-treatment by Man Against his Family u/s 498A of IPC(23.07.2024)
Bombay High Court has held that allegations of ill-treatment by a man against his own family members do not fall within the scope and ambit of Section.....
Tags : Bombay High Court, S. 498A of IPC, Ill-treatment
Supreme Court Issues Fresh Guidelines on S.498A IPC, Now Arrests Only After Panel's Advice(28.07.2017)
Supreme Court has issued new set of directions to prevent the misuse of Section 498A of Indian Penal Code. It observed that arrests u/s 498A could be .....
Tags : Supreme Court, 498A
Guj HC: Section 498A Being Rampantly Misused by Only With a View to Harass Family Members(27.06.2023)
Gujarat High Court while quashing a FIR under Section 498A against an octogenarian woman has observed that Sections of 498A are being rampantly misuse.....
Tags : Gujarat High Court, Section 498A, Harass, Family Members
Kar HC: Can’t Quash Wife’s Complaint U/S 498A Merely Because Filed After Husband Demand’s Divorce(06.06.2023)
Karnataka High Court has observed that there can’t be a declaration of law that once the divorce notice is sent by the husband, the complaint register.....
Tags : Karnataka High Court, Complaint, Section 498A, Divorce
Bom. HC: Every Harassment or Every Type of Cruelty Doesn’t Attract Section 498A of IPC(25.09.2024)
Bom. HC has stated that S. 498A of IPC doesn’t attract every harassment or every type of cruelty. Prosecution has to establish that beating & harassm.....
Tags : Bombay High Court, S. 498A, Harassment