LATEST JUDGEMENTS ON QUASHING BY VARIOUS HIGH COURTS IN 498A/DV
Madras High Court Arunkumar vs The State Rep By on 30 September, 2020 CRL.O.P.No.4373 of 2020 Therefore the entire proceedings is liable to be quashed and it cannot be sustained, […]
From Layman to Lawman
Madras High Court Arunkumar vs The State Rep By on 30 September, 2020 CRL.O.P.No.4373 of 2020 Therefore the entire proceedings is liable to be quashed and it cannot be sustained, […]
There are many Judgements in 498a but the most used judgements are mentioned Below:- 1. Arnesh Kumar Vs. State of Bihar.. This Judgement is most commonly used especially in bail arguments and best argument to secure bail is the non-compliance of 41A notice. If you have not got 41A notice in 498a you will definitely […]
Is the wife really threatened you? In many matrimonial cases I have seen wife many time threatens husband to commit suicide or attempt one. But why she do this? The reason why she do this can be plenty most common are listed below.. She wants her wishes to come true…Here you need to realize her […]
One of my client staying abroad had got a call from police one day asking him to join the investigation in India. The police asked my client to come to India. He recieved only call and called me that the police has asked me to come to India to join the investigation. But in my […]
The essential ingredient of 406 IPC is entrustment of dowry articles with proof of possession. The allegation of entrustment should be present in the FIR. The wife should be able to produce the proof of ownership. I.e Bills and photographs. As regards section 406 IPC, it be observed that in order to establish the commission of offence […]
Irretrievable breakdown of the marriage is not a ground by itself. But while scrutinizing the evidence on record to determine whether the ground(s) alleged is/are made out and in determining the relief to be granted, the said circumstance can certainly be borne in mind. The unusual step as the one taken by us herein can […]
How complaint is filed? If the wife has committed perjury in court i.e. suppose she has stated in her examination in chief that she is not working at the time of the application and the husband brings in such record to show that she is actually working. Thus wife has committed perjury by deposing falsely […]
Many people think that if they are able to show that the wife is capable of working and have been working previously or employed with a good employer as well as having great qualification will not make them liable to pay anything to the wife? Many clients are satisfied by the advise that your wife […]
In a recent case of Kirti Nagpal and Rohit Giridhar Hon’ble Delhi High Court upheld the divorce decree passed by Hon’ble trial court. In this case the wife alleged in her reply that Husband did cruelty on her as he was impotent. The husband provided positive evidence to the fact that he is not impotent. […]
The law on the subject was reiterated by Supreme Court in Dipakbhai Jagdishchandra Patel vs. State of Gujarat and Ors. reported as 2019 SCC OnLine SC 588, where it was held as under: “23. At the stage of framing the charge in accordance with the principles which have been laid down by this Court, what the […]