Relatives of husband should not be made accused without alle

Relatives of Husband should not be made accused without allegation of active involvement in the matter

Coming to the facts of this case, when the contents of the FIR is perused, it is apparent that there are no allegations against Kumari Geeta Mehrotra and Ramji Mehrotra except casual reference of their names who have been included in the FIR but mere casual reference of the names of the family members in a matrimonial dispute without allegation of active involvement in the matter would not justify taking cognizance against them overlooking the fact borne out of experience that there is a tendency to involve the entire family members of the household in the domestic quarrel taking place in a matrimonial dispute specially if it happens soon after the wedding.

Supreme Court of India

Geeta Mehrotra & Anr. vs State Of U.P. & Anr. on 17 October, 2012

https://www.lawweb.in/2013/02/absence-of-any-specific-allegation-and.html

Reply Follow

4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 23 February 2013

nice and knowledgable information

rajiv_lodha (zz) 24 February 2013

See, the initial damage is already done by 498a. Even as distant relatives got thier names removed via SUPREME COURT.......what is the fun when NO DIRECTIONS ARE PASSED TO LOWER JUDICIARY OR POLICE TO REMOVE THE FAULTS AT THE BEGINING.

Why at the end of 25 yrs or so, there are no UNIFORM GUIDELINES TO INVESTIGATE & PROCEED WITH 498A COMPLAINTS?

(Guest)

Yeah,

Parents are un-necessarily trapped in such false cases.

Husband, even if, strong enough to fight back such false cases but decide to agree to the terms of extortionists due to aged parents.

Govt. should make strong checks for such unscrupulous ladies

(Guest)

The government is fast asleep...We need NaMo for some movement in all directions in Modern India...Women are at fault atleast half of the time,yet laws favour them 100 % of the time...Why is this?