Foreword :
* History is made not only by victories, it is made up of pain and suffering of innocents, it’s written with the blood sweat and tears of the honest and harmless. * False 498a cases, false rape, False DV and similar cases are a dark chapter in the history of this glorious country * I think we are all living thru this history, acting important parts in this divine drama. Some live to win, some laugh it out, some aren’t all that fortunate, but we are all making history, nevertheless * As a tribute to the many fighters who have been leading this path, who have lived thru this history day and night, as a tribute to the mothers and father arrested, to the many sleepless nights honest souls lay crying, I’m starting a thread to collect all Judgements where courts have come down upon misuse of 498A, Misuse of DV act, False rapes cases and the like. * I hope there are at least 50~60 such cases by various High courts and Supreme court over the last 15 or so years (many predating the famous Sushil kumar Sharma / Legal terrorism Judgement) * Also we are NOT just talking of 498a, we are also talking of false rape and the like which have become all too common these days * From a more practical standpoint, this will be ready reckoner of judgements that can be used by us in our personal cases or used If we were called for a TV or media debate or even to discuss the depth of the matter with newcomers * I’m starting with the following classic cases that came handy. Please add your suggested cases as comments below. * I plan to keep editing / adding cases here * Thanks in advance to all those who can add / contribute to this thread.
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Savitri Devi vs Ramesh Chand And Ors. 19 May, 2003 Delhi High Court JUDGMENT J.D. Kapoor, J. ********** 498A law worse than disease. Make 498a bailable. Don’t rope-in every relative. Delhi HC in 2003! YES 12 years ago.
….These provisions were though made with good intentions but the implementation has left a very bad taste and the move has been counter productive. There is a growing tendency amongst the women which is further perpetuated by their parents and relatives to rope in each and every relative-including minors and even school going kids nearer or distant relatives and in some cases against every person of the family of the husband whether living away or in other town or abroad and married, unmarried sisters, ‘sister-in-laws, unmarried brothers, married uncles and in some cases grand-parents or as many as 10 to 15 or even more relatives of the husband. Once a complaint is lodged under Sections 498A/406 IPC whether there are vague, unspecific or exaggerated allegations or there is no evidence of any physical or mental harm or injury inflicted upon woman that is likely to cause grave injury or danger to life, limb or health, it comes as an easy tool in the hands of Police and agencies like Crime Against Women Cell to hound them with the threat of arrest making them run here and there and force them to hide at their friends or relatives houses till they get anticipatory bail as the offence has been made cognizable and non-bailable. Thousands of such complaints and cases are pending and are being lodged day in and day out…”
“….27. It is rightly said sometimes the remedies are worse than the perils or disease. Having seen and experienced the enforcement of these laws for decades, time has come to take stock and review them as thousands of marriages have been sacrificed at the altar of this provision. In one metropolis alone, thousands divorce cases arising from the cases under Section 498A/406 IPC are pending in Courts. There are equal or more number of marriages which are in limbo. What else is it if not a social catastrophy ?…”
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Saritha vs R. Ramachandra 9 July, 2002 Andhra High Court ORDER B.S.A. Swamy, J. ********** Wife refuses to live with husband in spite of husband & Hon. Court taking every effort to save the marriage. Court even request the couple to stay at a resort for a week, wife returns from the stay, says enjoyed her time, but still wants divorce. Then wife files a false 498a which the court openly condemns
….5. During hearing, we came to know that the appellant filed a criminal case against the respondent and his entire family under Section 498-A IPC. From the conduct of the appellant we have no hesitation to hold that the appellant being at fault wants to misuse the process of law and harass the respondent and his family members for the sin of marrying her. We never expected that women would be of such a character in this country. Even though the respondent expressed so much magnanimity towards her, without ill-will or rancor and extended his arm to lead a happy marital life, the appellant just threw away the offer with her little finger. The criminal Court shall take up the case for trial on day-to-day basis and dispose of the same within on month from the date of receipt of this order. In the event of dismissal of the criminal case as a foisted one and the allegations are far from truth, it is always open to the respondent to take appropriate criminal action on the appellant as well as her parents for implicating them in a false case and making them to come all the way from New Delhi to Hyderabad to attend the Courts.
….6. This Court would like to go on record that for nothing the educated women are approaching the Courts for divorce and resorting to proceedings against their in-laws under Section 498-A IPC implicating not only the husbands but also their family members whether they are in India or abroad. This is nothing but abuse of beneficial provisions intended to save the women from unscrupulous husbands. But it has taken a reverse trend now. In some cases this type of action is coming as a formidable hurdle in reconciliation efforts made by either well meaning people or the Courts and the sanctity attached to the mandate that the Courts shall always try to save the marriage through conciliatory efforts till the last, are being buried deep-neck.
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Pandurang Katti S/O Srinivasa Katti vs State Of Karnatka By Basvanugudi Police 15 April, 2005 Karnataka High Court ORDER A.C. Kabbin, J. ********** Whaaat? a 65 year old lady beat up an independent young woman who is state cricket player and software engineer? How property matters and a mother in law’s stay for a few days ends up as a criminal case !!
…27. 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. This dispute is also between only petitioner No. 1 and respondent No. 2 . In fact the memos of understanding not only confirm it, but show that respondent No. 2 was given possession of ornament in the locker. The dispute regarding the sharing of the expenses of the child is the second reason for the complaint. Another factor which lead to the complaint appears to be arrival of the mother in law who had safely kept away from the couple for 3 1/2 years. Her brief stay for one or two days brought her into difficulties…..
….25. In the case of Punjab National Bank and Ors. v. Surendra Prasad Sinha it is observed that judicial process should not be an instrument of oppression or needless harassment and that the court should be circumspect and judicious in exercising discretion and should take all the relevant facts and circumstances before issuing process lest would be an instrument in hands of private complainant as vendetta to harass the persons needlessly.
…26. In the case of Ashok Chaturvedi and Ors. v. Shitul H Chanchani and Anr. it was held that allowing the criminal proceeding to continue even when the allegation of the complaint petition do not make out any offence would be tantamount to abuse of the process of the court
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Sushil Kumar Sharma vs Union Of India And Ors 19 July, 2005 Supreme Court of India JUDGMENT Arijit Pasayat, J. ********** A PIL is filed in 2005 seeking courts order “….to declare Section 498A of Indian Penal Code, 1860 (in short `the IPC’) to be unconstitutional and ultra vires in the alternative to formulate guidelines so that innocent persons are victimized by unscrupulous persons making false accusations…..”
The Honourable court opines “..…The object of the provision is prevention of the dowry meance. But as has been rightly contended by the petitioner many instances have come to light where the complaints are not bonafide and have filed with obligue motive. In such cases acquittal of the accused does not in all cases wipe out the ignomy suffered during and prior to trial. Sometimes adverse media coverage adds to the misery….
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Rajeev Verma And Ors. vs State Of U.P. And Ors. 5 March, 2004 Allahabad High Court JUDGMENT : Sushil Harkauli, J. ********** Entire families accused u/s 498a. Old women languish in Jail. Magistrates refuse bail fearing public outcry. Resort to criminal prosecution leads to breakdown of marriage.
…Reports from the subordinate Courts indicate that entire families of the accused, including old women are languishing in jail for days till they are granted bail by the Sessions Courts or the High Court because Magistrates have become fearful of granting bail in these cases because of public outcry even though the case is only punishable with imprisonment up to three years….
Note from the blogger: Pl note the court talks of making 498a compoundable and NOT bailable in this case!
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Lalit Bhatia Vs State Of Uttar Pradesh And anr 27 May, 2005 Allahabad High Court JUDGMENT Poonam Srivastava, J ********** ..Complaint has been filed only with a view to cause harassment to the husband and his family members… continuation of the proceedings on the basis of complaint impugned in this application, is nothing short of an abuse of the process of the court and is liable to be quashed
….. filing of the complaint is only a result to the threat extended earlier regarding which, information was given to the police by the mother-in-law Smt. Kanta Bhatia (applicant No. 3) on 1.9.1997. It has also been argued that prior to the lodging of the complaint, the divorce petition was instituted on the ground of cruelty on 31.3.1998 i.e. 2 1/2 months before the criminal complaint was filed. …..
….Pritam Dass, opposite party No. 2 was examined as PW-2 in the divorce petition and he has admitted that at no point of time any dowry was demanded directly from him, he came to know about it only through his daughter Smt. Mamta Rani. He has further admitted in his statement that there was no demand of dowry either at the time of wedding or before the wedding whatever gifts were given in the marriage, was the sweet will of the family members of the bride. The divorce petition, which was instituted by the wife Smt. Mamta Rani, was dismissed holding that in fact she was never subjected to any cruelty, on the contrary, the husband was subjected to cruelty at the hands of the wife and in the circumstances, the divorce petition was dismissed….
…I have gone through the entire records as well as supplementary affidavit and I feel that this is one of those cases in which the complaint has been filed only with a view to cause harassment to the husband and his family members. In fact it is gross misuse of the provisions of Section 498A I.P.C. which certainly pricks the judicial conscience and can not be left to stand. In the circumstances, I am in agreement with the argument advanced by counsel for the applicants that the continuation of the proceedings on the basis of complaint impugned in this application, is nothing short of an abuse of the process of the court and is liable to be quashed in exercise of inherent powers. I therefore, come to a conclusion that the complaint instituted by the opposite party No. 2 is frivolous one and is quashed….
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Vinod Rajkrishan Kaushik & ors. … Vs The State of Maharashtra. … July 25, 2014 Bombay High Court CORAM : Smt.Sadhana S. Jadhav,J **********
“….The highhandedness and influence of the complainant party was writ large on the face of the record and the police had detained the Petitioner No. 3 in custody without verification of the facts.….”
“… 18 ) The Hon’ble Apex Court in the recent Judgment in the case of Arnesh Kumar v/s. State of Bihar & anr. has observed that” There is phenomenal increase in matrimonial disputes in recent years. ….”
“…….. 19 ) In the present case, it is a matter of record that the Petitioner No. 3 had to undergo incarceration for a week because of the fact that he was arrested unaware. The Petitioner No. 3 was arrested on 26th September, 2008 and was released on bail on 1/10/2008. The Petitioner No. 3 was exposed to social obloquy at the place of service since he was arrested in the office i.e. in the TCS office and was handcuffed. All this would clearly show that the complainant was seeking personal vendetta without there being any sufficient grounds…..”
…..23 ) On perusal of the facts of the case and observations of the Hon’ble Apex Court cited supra, and for the reasons mentioned hereinabove, the Petition seeking discharge deserves to be allowed…..
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Arnesh Kumar….. Versus State Of Bihar & Anr….. July 2, 2014 Supreme Court Of India Judgment: Chandramauli Kr. Prasad ********** “…..The fact that Section 498-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. The simplest way to harass is to get the husband and his relatives arrested under this provision. In a quite number of cases, bed-ridden grand-fathers and grand-mothers of the husbands, their sisters living abroad for decades are arrested……”
“….Power to arrest greatly contributes to its arrogance so also the failure of the Magistracy to check it. Not only this, the power of arrest is one of the lucrative sources of police corruption…..”
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Pashaura Singh Vs State of Punjab. Supreme court of India. November 13, 2009. Supreme Court Of India JUDGEMENT : R.M. Lodha, J. ********** FIR manifestly malafide & with ulterior motive. Prosecution not at all legitimate, rather it is frivolous, vexatious, unwarranted & abuse of process. Supreme court
The Honourable Supreme court comes down heavily on a false and malafide 498a filed at the instance of an Canadian Indian woman and her family. The Hon court says “…….The FIR lodged by Balwant Singh (…wife’s brother..) is manifestly attended with malafides and actuated with ulterior motive. The prosecution of the appellant is not at all legitimate, rather it is frivolous, vexatious, unwarranted and abuse of process. The appellant (…husband..) has made out a case for quashing the first information report and all subsequent proceedings pursuant thereto….”
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Preeti Gupta & Anr vs State of Jharkhand. August 13, 2010 Supreme Court of India JUDGMENT : Dalveer Bhandari, J. ********** In this classic case Sister in Law and brother in Law (of the complainant woman) who have never stayed with the couple are included in the 498a complaint. They run for quash. The Hon Supreme court studies the case in detail and express pain and anguish about the
#Legal_Terrorism, and
#false498a unleashed in the country. The Hon Supreme court suggests to
#Amend498a in the larger interest of society! …and this is in 2010!
Quoting the Hon Apex court : “…30. It is a matter of common experience that most of these complaints under section 498-A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. …” xxxx “…32. 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….” xxxx “….34. Before parting with this case, we would like to observe that a serious relook of the entire provision is warranted by the legislation. It is also a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases. 35. The criminal trials lead to immense sufferings for all concerned. Even ultimate acquittal in the trial may also not be able to wipe out the deep scars of suffering of ignominy. Unfortunately a large number of these complaints have not only flooded the courts but also have led to enormous social unrest affecting peace, harmony and happiness of the society. It is high time that the legislature must take into consideration the pragmatic realities and make suitable changes in the existing law. It is imperative for the legislature to take into consideration the informed public opinion and the pragmatic realities in consideration and make necessary changes in the relevant provisions of law. We direct the Registry to send a copy of this judgment to the Law Commission and to the Union Law Secretary, Government of India who may place it before the Hon’ble Minister for Law & Justice to take appropriate steps in the larger interest of the society……”
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Ajay Ashok Khedkar V/s Sou. Laleeta Ajay Khedkar. 12 April 2010 High Court Of Judicature At Bombay ORAL JUDGMENT : Per Deshpande, J. ********** Wife files false 498a against husband and ALSO ropes in others as a counter blast to husband’s divorce petition. Both Judicial Magistrate and High court come down heavily upon the wife’s attempt
“…..The Judicial Magistrate has recorded categoric finding that the complainant’s own testimony falsifies the prosecution case that the complainant was treated cruely and was harassed by the accused persons with a view to coerce her and her parents to meet their unlawful demand of Rs.50,000/. The Magistrate has totally disbelieved the version of the complainant/wife and has acquitted the accused persons. On a careful reading of the judgment rendered in the case of prosecution under section 498A of IPC one thing is crystal clear and it can be safely assumed that the wife had filed a false case not only against her husband and motherinlaw but had unnecessarily roped in other near relations. It is obvious that on account of arrest and detention of the husband and his family members respondent has treated the appellant with utmost mental cruelty and the appellant has suffered agony. It will not be out of place to mention that the complaint filed by the wife was calculatedly designed in as much as it was a sort of counter blast to the divorce petition filed by the husband. The appellant had filed divorce petition on 16.6.03 whereas the complaint was lodged by the respondentwife on 11.7.03…..”
Thus the wife wastes 10 years of the husband’s life with her false and frivolous case
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Ramesh and others Vs State of Tamil Nadu . 03rd March 2005 Supreme Court of India. BENCH: P. Venkatarama Reddi & A.K. Mathur ********** Wife makes bald statements against a sister in law who is staying separately from the couple. 498a is filed against that sister in law (in addition to the husband and others!) the sister in law is forced to run up to the Supreme court and get the case quashed
Quoting the Honourable Apex court : “…Even acts of abetment in connection with unlawful demand for property/dowry are not alleged against her. The bald allegations made against her sister-in-law seem to suggest the anxiety of the informant to rope in as many of the husband’s relations as possible. Neither the F.I.R. nor the charge-sheet furnished the legal basis to the Magistrate to take cognizance of the offences alleged against the appellant Gowri Ramaswamy. The High Court ought not to have relegated her to the ordeal of trial. Accordingly, the proceedings against the appellant Gowri Ramaswamy are hereby quashed and her appeal stands allowed….”
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M.P. No.1 of 2008 in Crl.O.P. No.10896 of 2008 04.08.2008 High Court Of Judicature At Madras CORAM : The Hon’ble Mr. Justice R.Regupathi ********** Madras HC in 2008: “Apart from the husband, all family members are implicated and dragged to the police stations”
“…It must also be borne in mind that the object behind the enactment of Section 498-A IPC and the Dowry Prohibition Act is to check and curb the menace of dowry and at the same time, to save the matrimonial homes from destruction. Our experience shows that, apart from the husband, all family members are implicated and dragged to the police stations. Though arrest of those persons is not at all necessary, in a number of cases, such harassment is made simply to satisfy the ego and anger of the complainant. …”
The Honourable court issues detailed directions to the Police on how to conduct inquiry and steps to be taken before arrest and goes on to say “…Arrest in matrimonial disputes, in particular arrest of aged, infirm, sick persons and minors, shall not be made by the Station House Officers of the All Women Police Stations. If arrest is necessary during investigation, sanction must be obtained from the Superintendent of Police concerned by forwarding the reasons recorded in writing…”
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Binay Kumari Vs State of Bihar and Others 13-05-2015 High Court Of Judicature At Patna CORAM: Honourable Mr. Justice Ashwani Kumar Singh ********** Sister in law roped into 498a case without specific allegations or proof. Patna HC quashes case & talks of misuse of 498a
Quoting the Honourable court: “9. …….Though the contents of the complaint made out a prima facie case against the husband of the complainant and some other family member, but if evidence collected in course of enquiry is appreciated and scrutinized in its entirety, it would appear that there is no specific allegation against the petitioner, who is unmarried sister of the husband of the complainant except casual reference of her name at some places. In any view, in a matrimonial dispute, without allegation of any active involvement in the matter, it would not be proper to put the petitioner on trial. In course of argument, it has been submitted by the learned counsel for the petitioner that presently the petitioner is married and is residing at her matrimonial home. In my view, allowing the prosecution to continue against her, would be counterproductive and it may even ruin her matrimonial life….” xxx 12. Misuse of section 498A of I.P.C. in may cases has been judicially noticed by the Apex Court as well as various High Courts. It has been highlighted in those judgments that keeping in view the social objective behind the section, it is the duty of the courts to ensure that the complaints filed with false or exaggerated allegations out of ulterior motives or in a fit of emotion should be curbed . 13. Recently, the Apex Court equated misuse of the section to “legal terrorism” and said it was being treated as a “weapon rather than a shield by disgruntled wives. xxx 16. 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. ..”
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Amrit Anand @ Chhotu, Versus The State of Bihar 14-01-2015 High Court Of Judicature At Patna CORAM: Honourable The Chief Justice ********** Gross misuse of 498A. 6th Additional Sessions Judge so insensitive & did not even mention justification keeping petitioner in prison! Bail allowed!
…..This is an instance of gross misuse of the provision of Section 498A of the Indian Penal Code. Obviously by taking note of the weakness of the allegation against the petitioner, the trial Court granted anticipatory bail. That, however, was recalled only on the ground that counselling between the petitioner and his wife failed. The learned 6th Additional Sessions Judge was so insensitive that he did not even mention the justification for keeping the petitioner in prison and has just put the seal of approval on the cancellation of bond and putting the petitioner behind the bar.
Hence, this application is allowed. The petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each ……
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Amit Sharma… Vs State & Ors August 06, 2010 High Court Of Delhi At New Delhi JUSTICE Shiv Narayan Dhingra ********** Registration of false FIRs profitable business 4 police officials!! Justice DHINGRA ji tears false 498a to shreds!
Hon Shri Dhingra “…I consider that registration of this FIR is a sordid story of working culture of Delhi police. It is this police which refuses to regi ster FIR s in case of robberies, thefts and other heinous offences which take place on the roads of Delhi and when the complainant dare comes to police station for registration of FIR, he is made to run from one police station to another on th e issue of ju risdiction itself, while the FIRs are registered when nothing happened in India and no investigation can be done by the police in India. Why such FIRs are registered is obvious. It seems registration of FIRs has been made a profitable business by some police officials. The police, in the present case, not only registered the FIR but also got lookout circulars for the petitioners issued…..”
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Perugu Varalakshmi vs State And Ors. 17 December, 2002 Andhra High Court JUDGMENT L. Narasimha Reddy, J. ********** Facts & circumstances clearly indicate case is to wreak vengeance & is a gross misuse of 498A IPC.
* In this case a woman who is already divorced from her husband and who is living away from her husband files a 498a using her own uncle and her son as witnesses !! The Modus Operandi is simple. She files a MC case, and on the day husband comes to attend the MC case she claims the husband demanded Dowry !! (even though it is after divorce) * The AP High court clearly goes thru the evidence, appreciates the serious anomalies in the evidence and lets the lower court verdict of acquittal stand * The Hon court also clarifies that this case is GROSS misuse of 498a IPA * Quoting the Honourable court : “…..15. The various facts and circumstances would clearly indicate that the complaint submitted by P.W. 1 was nothing but a step to wreak vengeance against the accused and the whole case presents an instance of gross misuse of provisions of Section 498A of IPC. 16. The Trial Court has discussed the evidence on record in proper perspective and had arrived at a just and proper conclusion, I do not see any reason to differ with the finding recorded by the Trial Court. The Crl.R.C. and the Crl. Appeal are accordingly dismissed……..”
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SRINIVAS RAO …Vs D.A. DEEPA Feb 22, 2013 Supreme Court Of India JUDGMENT : (Smt.) Ranjana Prakash Desai, J. ********** False 498a, falsely alleging she was forced to sleep with father in law etc are cruelty. Divorce granted @ Supreme court. Wife need not stay long, to treat husband cruelly. Clear case of 498a misuse
Marriage solemnised in 1999. Fight starts immediately after marriage and wife leaves for parental house JUST 1 day after marriage. She promptly files a false dowry case saying husband and co sought 10 lakhs dowry and also alleges that her mother in law asked her to sleep with father in law. After initial compromise on the false dowry case, police make a closure report, but ablaa naari goes to court and gets the dowry case numbered !! Meanwhile husband files for divorce and wife wants restitution! Yeah, she wants restitution! Husband is granted divorce by family court. Wife goes on appeal to HC (against family court decree). In the meanwhile husband looses 498a at magistrate court and immediately wife writes to husband’s office (i.e.) AP High court to remove him from his job! Husband wins appeal on 498a case at Sessions court and wife goes on appeal before AP HC which is not yet finished!
In the meanwhile Hon. AP High court allows wife’s appeal to Husband’s divorce decree and grants her restitution! Hon AP HC states wife could NOT have committed cruelty because she stayed at husband’s house only for a day!
Husband goes on appeal to Supreme court on the divorce decree. Hon Supreme court appreciates the entire case and decrees (a) marriage broken down as parties have been completely living apart (b) various cases filed by wife are cruelty (c) wife NEED NOT have physically lived with husband to create cruelty and grants divorce to husband … Supreme court KINDLY provides the wife with Rs 15,00,000 !! as permanent alimony !!
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Smt.Sunita Goyal & Ors. Vs. State of Punjab & Anr. 21.2.2012 High Court Of Punjab & Haryana At Chandigarh CORAM: Hon’ble Mr.Justice Mehinder Singh Sullar ********** Reckless Malafile FIR falsely implicating in-laws vexatiously & maliciously to blackmail & grab property
Ablaa wife files FIR on In laws inclyding brother – in law (Devar), but NO FIR on her own HUSBAND. She hides facts. The honourable High court concludes that “…if the crux of the allegations levelled against the petitioners as discussed hereinabove, is clubbed together and is perused, then, to my mind, the conclusion is irresistible that the complainant has falsely implicated the petitioners vexatiously and maliciously, to put pressure and to blackmail them, to grab the property, in order to wreak vengeance and the criminal proceeding is manifestly attended with mala fide against them. Such reckless/malafide FIR deserves to be quashed, in view of law laid down by Hon’ble Supreme Court in case State of Haryana and others v. Ch.Bhajan Lal and others…”
The court goes on to say “… As strange as it may appear, but strictly speaking, the tendency and frequency of the wives of involving and roping in all the relations of her in-laws in the matter of demand of dowry have been tremendously increasing day by day, which is adversely affecting social fabric of the society and leaving the Courts in lurch to decide such criminal prosecution. This tendency needs to be curbed and if not discouraged, it is likely to affect and weaken the case of the prosecution even against the real culprits in future in this relevant direction….”
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Dr.Anita Rani Vs Dr.Suresh Kumar 26.2.2015 High Court Of Punjab And Haryana At Chandigarh CORAM:- Hon’ble Mr. Justice Ajay Kumar Mittal, Hon’ble Mrs. Justice Sneh Prashar. Order : Hon’ble Mr. Justice Ajay Kumar Mittal ********** Filing false criminal cases, getting husband arrested, neglecting household, ill treating husband etc are cruelty against husband. Divorce granted to husband. HC affirms lower court decree.
* Wife leaves matri home on many occasions * Wife breaks mangalsutra throws it on ground during quarrel * Wife has written letters to husband’s employer urging them to take action against husband * Wife files false 406, 498a case wherein the husband was arrested but the final outcome resulted in acquittal of husband and other accused by the trial court vide judgment dated 23.2.2013 * The Husband argues that “…acts of the appellant (wife in this appeal) in insisting upon the department to initiate action against the respondent and also to prosecute him for demand of dowry show that the marriage had irretrievably been broken and such acts of the appellant amount to cruelty and were sufficient to dissolve marriage between the parties…” * The Hon HC summarieses that “……The primary question that arises for consideration in this appeal is whether the acquittal of the husband and his family members of matrimonial offences under Sections 406, 498-A of the Indian Penal Code would be sufficient to hold that it has caused mental cruelty to the husband so as to entitle him to a decree of divorce under Section 13(1) (ia) of the Act….” *& Hon HC concludes “… Thus, the irresistible conclusion would be that the appellant-wife had treated the husband-respondent with cruelty….” and “…..Learned counsel for the appellant was unable to demonstrate that there was any error or perversity in the findings recorded by the trial court which may warrant interference by this Court. Accordingly, finding no merit in the appeal, the same is hereby dismissed. No costs….”
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Sanjiv Kumar Vs State of Haryana and another 21.05.2012 High Court Of Punjab And Haryana At Chandigarh CORAM: Hon’ble Mr. Justice Mehinder Singh Sullar. ********** Vexatious &malicious FIR on inlaws, to wreak vengeance. Disowned love mariage DIL files false 498a 406 on family
* One of the sons marry a girl outside the caste without consent of the family “…….. inter-caste love marriage of Manoj Kumar Saini, younger brother of petitioner Sanjiv Kumar, was solemnized with complainant-Anju Saini, respondent No.2 (for brevity “the complainant”) on 06.07.2002 in Arya Samaj Mandir at Hisar, without the consent of family members…” * The Dad is furious about this intercaste marriage and “… When the father of Manoj Kumar Saini came to know that he is going to perform love marriage with the complainant, then he disowned him(Manoj Kumar) and got published the following public …” * The Dad is so shocked that “… he actually suffered serious ailments and ultimately, died due to the attitude of his son Manoj Kumar Saini…” * So the marriage completely cuts off this son, and they start living separately from the family !! * Living away from the family does NOT save the parents from false cases !! Six years later, the wife (yeah .. the same love marriage wife) files a 409a, 406 case “….six years after solemnization of marriage, the complainant lodged a complaint against petitioner- Sanjiv Kumar, brother-in-law(Jeth), his wife Suman, sister-in-law(Jethani) and Rani, mother-in-law, inter alia, with the allegations that they started pressurizing her, to bring more money from her parents. They did not give any share out of property and demanded Rs.2-3 lacs…” * And the Honourable court concludes “….if the crux of the allegations levelled against the petitioner, as discussed hereinabove, is put together and is perused, then, to my mind, no pointed offences are made out against the petitioner and the complainant has vexatiously and maliciously filed the FIR(Annexure P-5) against him, in order to wreak vengeance. In case, the complainant is permitted to prosecute her brother-in-law(Jeth), who is residing separately, then it will inculcate and perpetuate great injustice to him. In this manner, the complainant appears to have falsely involved the petitioner in the present case…”
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Bipat Mistry Vs State Of Bihar 12.08.2010 High Court Of Judicature At Patna Mandhata Singh, J
How Petty quarrels become criminal cases clogging courts and eating precisous time and taxpayer money
“…Rs. 10,000/- was demanded by the petitioner from informant’s son that was opposed by the informant which resulted in an incident of assault ..” !! “…No case under Section 498A is made out even after accepting the allegation …” “…This case is an example that how the provision under section 498A of the Indian Penal Code is misused….”
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Gaurav Babulal Thakor & 4 Vs State Of Gujarat & Anr 19/06/2015 High Court Of Gujarat At Ahmedabad CORAM: Honourable Mr.Justice N.V.Anjaria
Husband wife apart since 2010. 498a in 2014. DV filed aftr 498a stay. Abuse of process says HC
“…..husband and wife have been staying separately since 2010. A complaint under Section 498A was filed by the wife in April 2014. ….”
“…This Court has stayed the proceedings pursuant to the said complaint by order dated 08.01.2015. The complaint under the Domestic Violence Act was filed thereafter…”
“…..5. From the above uncontroverted facts, a prima facie case is made out showing abuse of process in initiating the domestic violence proceedings. Therefore, RULE, returnable on 30th July, 2015. Till the next date, there shall be no further proceedings before the Court of learned Metropolitan Magistrate in respect of Criminal Case No. 85 of 2014….”
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Md. Quasim @ Md. Kashim @ Md. Quasim Ansari Vs The State of Bihar 16-01-2015 High Court Of Judicature At Patna CORAM: Honourable The Chief Justice
Husband arrested and Jailed for one and half years. The Hon HC is shocked !!.
Granting Bail, the Hon HC says “…This case indeed discloses the extent to which the provision of Section 498A, IPC has been misused and as to how the legal system was unkind to the petitioner…..” “..For the past and one and-a-half years the petitioner is in prison. Even if he is held to be guilty of the offence alleged against him, the sentence cannot be that much….”
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BHIKHARI SINGH son of late Methur Singh and Anr Vs The State Of Bihar 3.3.2010 High Court Of Judicature At Patna Order : Mandhata Singh, J.
Unrelated villagers roped into 498a. Lower court NOT vigilant, Patna HC orders bail, decries misuse !
Misuse of 498a has become SO very rampant that completely un-related people are roped into 498a and they have to run up to the HC to get bail !!
In this case, quoting the Hon HC “…None can be allowed to misuse the privilege under section 498A of the Indian Penal Code and section 3 / 4 of the Dowry Prohibition Act as a weapon which is to defend a helpless lady. It appears that court’s are not vigilant to prevent this abuse by way of taking cognizance for false prosecution. Petitioners are villagers not relatives of the husband…”
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