section 498a

Men Who are Accused of 498a

In India, we often get to hear or read about the problems women face in their own house. However, hearing or reading about problems that often men face from their wives is relatively less. There are many husbands who face 498a complaints. Some of them are convicted criminals who undoubtedly deserve imprisonment, while a huge …

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Act of Bickering Daily Between a Married Couple Not Cruelty Under Section 498a IPC: Calcutta High Court 

The Jalpaiguri bench of the Calcutta High Court recently ruled that the act of bickering between a married couple regularly would not fall under the ambit of cruelty as defined under Section 498A of the Indian Penal (IPC). Single-judge Justice Sugato Majumdar, therefore, quashed the conviction under Section 498A of IPC of a man charged …

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Section 498A: Guidelines for arrest in cruelty cases filed by wives issued by Calcutta High Court; emphasizes no automatic arrest

As per the notification issued on August 23, the High Court has ordered the State police to ensure that an individual is not ‘automatically’ arrested merely on the registration of a case under Section 498A. In the previous week, the Calcutta High Court released a circular outlining directives to be followed by both the State …

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Women Have Fueled ‘Legal Terrorism’ by Misusing Section 498a IPC: Calcutta High Court 

On Monday, the Calcutta High Court said that women have kicked off ‘legal terrorism’ with the misuse of Section 498A of the Indian Penal Code (IPC), a provision which criminalises cruelty against a woman by her husband or his relatives. Single-Judge Justice Subhendu Samanta said that Section 498A was formed to provide protection to the …

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Case of Section 498A IPC filed against husband for not consummating marriage quashed by Karnataka High Court 

Recently, Karnataka High Court quashed proceedings under Section 498A (cruelty to women) of IPC initiated against a husband by his wife for not consummating their marriage as he follows the teachings of the sisters of the Brahmakumari Samaja [Aiyappa MB v. State of Karnataka]. Justice M Nagaprasanna said that while the facts related to the …

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Section 498-A being misused to implicate husband’s entire family: Bombay High Court

Nowadays, women and their families have started making vague allegations against every member of the husband’s family, implicating everybody under Section 498-A of the Indian Penal Code, Bombay high court observed last week. “Nowadays, it has become a tendency to make vague and omnibus allegations against every member of the family of the husband, implicating …

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