Search Results for Tag : Section 498A
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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: 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
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
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
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
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: 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
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
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
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
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
Bom. HC: Making Daughter-in-Law Sleep on Carpet, Not Allowing Her to Watch TV isn’t Cruelty(11.11.2024)
Bombay High Court has held that allegations by a daughter-in-law of not allowing her to watch television or making her sleep on a carpet cannot consti.....
Tags : Bombay High Court, Daughter-in-Law, Section 498A
Ker. HC: Body Shaming a Woman is a Wilful Conduct Attracting Section 498A of IPC(19.11.2024)
Kerala High Court has stated that body shaming and doubting the medical degree of a woman, prima facie is to be read as willful conduct which is of su.....
Tags : Kerala High Court, Body Shaming, Section 498A
Supreme Court: There Has Been a Growing Tendency to Misuse Section 498A of IPC by Wife(11.12.2024)
Supreme Court has stated that inclusion of Section 498A of IPC was intended to curb cruelty inflicted on a woman by her husband and his family but the.....
Tags : Supreme Court, Section 498A IPC, Cruelty
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
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
Ker HC: Can’t Lay Down Ratio that Allegations against Relatives of Husband are to be Viewed as False(20.01.2025)
Kerala High Court has stated that it is not possible to lay down a ratio that allegations against the relatives of the husband under Section 498A of I.....
Tags : Kerala High Court, Relatives, Section 498A
Delhi HC: False Cases under Section 498A of IPC Give Rise to Suspicion against Genuine Victims(26.05.2025)
Delhi High Court has stated that false allegations under Section 498A of Indian Penal Code, 1860 have wide ranging consequences across the society as .....
Tags : Delhi High Court, Genuine Victims, Section 498A
Supreme Court Quashes Cruelty Case and Cautions against Misuse of Law(11.06.2025)
Supreme Court has quashed an FIR filed under Section 498A of Indian Penal Code, 1860 against a woman’s husband and in-laws and cautioned against the m.....
Tags : Supreme Court, Section 498A, Genuine Victims
SC: Cruelty u/s 498A of IPC Can’t be Established Without Specific Instances(15.05.2025)
SC has stated that the term cruelty u/s 498A of IPC is subject to rather cruel misuse by parties, and can’t be established without specific instances......
Tags : Supreme Court, Section 498A, Complainant