The Andhra Pradesh High Court ruled that taunts about not conceiving do not constitute cruelty under Section 498A IPC. The court quashed charges against the sister-in-laws due to insufficient allegations, stating that vague accusations without specific details cannot sustain legal proceedings. This judgment emphasizes careful scrutiny of family-related complaints.
The Supreme Court of India quashed a dowry harassment case due to vague accusations against the husband’s family. The bench criticized the trend of naming multiple relatives without clear evidence and emphasized that strong, specific allegations are essential. This judgment reflects the court’s stance against the misuse of dowry laws.
Mumbai: The Interactive Lawyers’ Association for Women held a discussion on the use and misuse of Section 498A of the Indian Penal Code (IPC), which was replaced with Section 85 of the Bhartiya Nyaya Sanhita (BNS) in 2023. The event took place on Friday at courtroom number 21 in the Mumbai High Court complex and was attended by female lawyers and law students.
The Supreme Court ruled that a woman involved in an extra-marital affair cannot be charged under Section 498A IPC for cruelty, as she does not qualify as a “relative.” The bench, led by Justices Gavai and Viswanathan, quashed a criminal case against a woman based on allegations from the complainant-wife.
The Supreme Court has established eight guidelines for determining permanent alimony in divorce cases, focusing on socioeconomic factors and the well-being of children. This follows the suicide of techie Atul Subhash, which highlighted alleged harassment and misuse of legal provisions surrounding dowry and maintenance, stirring public concern over justice issues.
The Supreme Court reinforced that delays in filing complaints about marital cruelty do not negate the existence of such cruelty, as evidenced in a case involving a deceased woman’s husband and in-laws. While they were not charged with abetting suicide, proceedings under Section 498A IPC will continue based on allegations of mental and physical harassment.
On Thursday (30th May),The Kerala High Court highlighted concerns over the misuse of legal procedures, notably Section 498A, in matrimonial disputes, cautioning against vengeful motivations behind such actions. Justice A. Badharudeen emphasized the importance of scrutinizing cases to prevent unjust prosecution and uphold principles of justice.
The Supreme Court of India, using Article 142, stopped criminal proceedings under IPC Section 498A, addressing mental cruelty by a wife against her ex-husband and relatives, filed six months post-divorce. The court highlighted the exhaustive consideration of the couple’s marital issues during divorce proceedings, deciding that perpetuating the legal battle through criminal proceedings would serve no constructive purpose.
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