This recent judgment of Supreme Court (SC) in BHASKAR LAL SHARMA Versus MONICA case has made it to front columns of most newspapers. Full judgment is here: Given that it is an SC judgment, it automatically sets binding precedent for further cases which may have similarity. For purpose of IPC 498A, following portion of judgment could be of value in setting precedent about what constitutes Cruelty under IPC 498A: The allegations relating to the place where the marriage took place has nothing to do with an offence under Section 498A of the IPC. Allegations that appellant No.2 kicked the respondent …[Continue Reading]
IPC 498a related judgments
This category contains IPC 498a related judgments. Some of them provide full text of the judgment along with my own analysis, and others contain my analysis of 498a judgments being reported in media.
Check out this poster about 498A as it may affect NRIs and UK residents in particular: http://vaghelasv.com/Documents/498A%20IPC%20-%20Final.doc
Basic safety and precautions Keep documents out of reach of your wife/other party. Collect your important documents like passport, educational certificates etc and move to a safe place – a bank locker, parents’/ friends’ house etc. In any case, keep them locked if they are at home and your wife is staying there too. The reason is that many a time wife can allege something in her complaints and request court to impound husband’s passport. The other possibility is she may steal them and use that as bargaining chip later. She may give it to court to be impounded etc. …[Continue Reading]
Why high court judges are allowing compounding of 498A cases even though is is non-compoundable offence? Further, in Andhra Pradesh 498A has been made compoundable with effect from 1-8-2003. Compounding of offence basically means taking back of the criminal complaint by complainant. Sec 320 of CrPC gives list of IPC offences which can be compounded. 498A is a non-compoundable offence. Only serious offences which are considered offences against society are made non-compoundable. http://ipc498a.files.wordpress.com/2007/04/delhi-hc-permitting-the-compounding-of-498a-cases-2007.pdf Read about several judgments about false 498A and other false cases by women party. Use these as citations in your own cases if your case has similarities. …[Continue Reading]