Some Judgements related to 498A quashing

Here is the analysis of some of the Judgements related to 498A quashing 498A Quashed because wife failed to mention allegations of dowry demand in written statement filed by her in the Divorce Case filed by Husband It appears that marriage of informant-opposite party No. 2 and petitioner e No. 3 was solemnised on 1.7.1998 […]

Can Police Impound my Passport if I come to India attending false 498A case?

The most common question these days for the NRI citizens is that if they come to India can their passport be impounded? The Answer to this is neither the court nor the police has power to impound the passport.. In a recent case decided by the Delhi High Court in which the passport of a […]

How to get Bail in 498a/376 and 377 IPC

The allegations of 376 and 377 are put in 498A IPC are just put in to take the case out of Arnesh Kumar. As per Arnesh Kumar 7 Years offences are exempted for automatic arrests. so to make it more lethal allegations of 376 and 377 are put in along with 498A IPC But court […]

498a Quashed by Madras High Court

Facts: Wife filed belated 498a complainant after 3 years of separation. The police were disturbing the parents they approached Hon’ble High Court and High court had directed that the police must do preliminary enquiry and refer the matter to the family court in case there is matrimonial dispute. But instead of doing that the police […]

How to reduce Alimony given to wife if you succeed in Divorce?

Even if you get successful in divorce case on merits there is always when the wife is not working the court can grant a permanent alimony to the tune of 10 lakh-15 lakhs or may be more in a divorce case at the time of passing of the decree. The ambit of alimony comes under […]

Do not do this during Bail hearing in 498a?

The Bail is the discretionary relief and there is no prediction whether a bail is to be given or not. With so much of un predictability there comes something from the Judge side. Now in 498a bail case sometimes judge may ask you to settle the case and may ask for an offer from your […]

How to Fight False 498a?

How to Fight False 498a-A complete Guide 498a is filed by wife just to harass you.   False 498a cases are very common in the society and lot of steps has been taken by Hon’ble Apex court also to prevent its misuse. Quashing of false 498a is possible but first you need to know the […]

498a Misuse Supreme court recent Judgement

498a Misuse Supreme court recent Judgement The judgement of Rajesh sharma Vs. state of Uttar pradesh had a detailed guidelines to check the 498a misuse by married women against the husband and relatives of the husband. Even the apex court has recognized the misuse of 498a a tool to harass innocent people so the Supreme […]

Quash 498a FIR registered at wrong place

Quash 498a Quashing of 498a happens in very rare occasions may be 5% cases are eligible for quash 498a. The 498a case can be quashed on the basis of vague allegations on relatives. But mostly on the quashing of 498a happens on the basis of Jurisdiction. Test if FIR can be quashed on basis of […]

Enhancement of Maintenance under DV act in favor of wife

Enhancement of Maintenance under DV act in favor of wife The enhancement of maintenance under the domestic violence Act is entertained under Section 25 of the domestic violence act, 2005. Section 25(2) is the particular section that deals with the enhancement of maintenance under the Act. The only requirement under section 25(2) is change in […]