Before the year there was no specific legal provision pertaining to violence against women at domestic front. It is nowhere case of prosecution that prior to incident deceased has left the matrimonial house on account of ill-treatment and harassment. Everyone knows the hell that follows after wards. Allegations Vague and General: Misuse of a has become SO very rampant that completely un-related people are roped into a and they have to run up to the HC to get bail!!
Domestic violence and abuse by spouses and family members are complex behaviours and the social organisation of courts, the police and legal cultures systematically tend to devalue domestic violence cases. May 21, 0. Ganga Sharan Dhawan Vs. April 17, 0. In addition, a significant portion of this research shall be attributed to cases decided as well as pending at the Indian courts dealing with the same or related subject matter.
It is bound of have some loopholes through which atleast some of the offenders will escape.
Bombay High Court 49a criminal proceedings against Husband so also his conviction quashed in view of the mutual understanding, divorce and compromise between Husband and Wife. Supreme Court of India Section A — Cruelty — Determination of — Factor to be considered, discussed — Petty quarrels cannot be termed as cruelty to attract provisions of Section A — Causing mental torture to the extent that it becomes unbearable may be termed as cas.
A complaint under Section A was filed by the wife in April However, there are some cases, where both parties r educated and hold a good degree of respect in society.
The acts attributed to such persons have to be proved beyond reasonable doubt and they cannot be held responsible by atudy conjectures and implications. The court believed that. Respondents have been rightly given benefit of doubt. Madhya Pradesh High Court Cruelty. This dispute is also between only petitioner No.
Proceedings of complaint are apparently motivated, belated and plainly appear to be counter blast to application filed by husband under Section 9, Hindu Marriage Act. Unfortunately, at the time of filing of the complaint the implications and consequences are 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….
He has not been able to point out any error of law or procedure which has occasioned failure of justice: Power to grant bail conferred equally on both Courts.
Important Judgments on Section 498A of IPC
Kerala High Court Section A — Cruelty — Live in relationship — Accused acquitted as parties had not undergone some sort of ceremonies with the object of getting married and they just started living as man and wife. Incriminating evidence against accused not put to accused under SectionCr.
Because once a complaint is lodged the accused has suffer. State of Punjab and Ors. Kiran was minor at the time of occurrence.
Supreme Court Of India Cruelty or harassment by husband or any relative of his for or in connection with any demand of dowry to reiterate is gravamen of two offences — Presumption as to dowry death would get activated only upon proof of fact that deceased lady had been subjected to cruelty or harassment for or in connection with any demand for dowry by accused and that too in reasonable contiguity of death.
Nandkishor Shamrao Bhandare Vs.
Kanta Bhatia applicant No. Supreme Court of India Casse of Charge-sheet: The Modus Operandi is simple. The position of the women in India is still bad.
Top 5 Supreme Court judgment on misuse of 498A
The Appellant wife had also admitted in the case that she had filed the Criminal Complaint in order to bring back her husband to their matrimonial home. What remedy does the husband have here? Ramesh Chand were referred wherein the misuse of Section A and the need to adopt measures for prevention of such misuse has been acknowledged. State of Maharashtra Court: While dealing with such cases, the law laid down relating to circumstantial evidence has to be kept in view.
Madan Lal Kapoor Court: The petitioners contended that it is not untrue that there are a number of women suffering stufy violence at the hands of husband and his relatives and that the accusation that Section A is being misused is not supported from any concrete date on such misuse.
It should be determined by considering the conduct of the man, sttudy the gravity or seriousness of his acts and to find out as to whether it is likely to drive the woman to commit suicide, etc.
The Hon Supreme court suggests to Amenda in the larger interest of society!
(DOC) Misuse of section A in Indian society | Rahul Jain –
However, it is not necessary that they sttudy been party to the offence. There is no provision to seek compensation or defamation case against the family who misused it. Husband wins appeal on a case at Sessions court and wife goes on appeal before AP HC which is not yet finished!