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Adv Shubham Pahuja
Adv Shubham Pahuja. | 1 day ago | 163 Views

Supreme Court Quashes Wife's 498a IPC Case Against In-Laws Filed To Pressure Husband For Divorce

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Adv Shubham Pahuja Adv Shubham Pahuja

Updated: 24-03-2024

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The Supreme Court of India has made an historic decision recently by quashing the case under Section 498A of IPC, which is the women centric laws protecting the women for matrimonial disputes against their in-laws, thereby showing how the law is being misused as a weapon to coerce or pressure a husband for divorce. Like in the Atul subhash sucide case, Atul Subhash died by suicide, alleging harassment by his estranged wife, Nikita Singhania, and her family over dowry demands. 

Therefore, this judgment in this article sends home the message regarding the role of law in making this balance between the cases truly suffering from cruelty and preventing the abuse of provisions.

Why in the News?

In the case of Digambar and Another vs The State of Maharashtra & Another:

  • The appellant's appeal against the Bombay High Court's Aurangabad Bench's decision to reject a criminal case against the appellants was being heard by a bench made up of Justices BR Gavai and KV Viswanathan. 
  • According to the complaint, her husband's parents (the appellants) coerced her to have an abortion by forcing her to eat contaminated food. She further alleged that they exposed her to both mental and physical torture for not having a male child. 
  • Charges under Sections 312/313 (causing miscarriage) under the IPC, which is now Sections 85 and 88/89 of the BNS, were also included in addition to the provisions of Section 498A. 

Observation of the Court

  • A two-year delay was accorded to a complaint about the miscarriage and cruelty that was filed with the police further, no evidence could prove that the appellants had ever been informed of such a pregnancy or of having administered substances inducing the miscarriage. 
  • Justice Gavai ruled that the allegation of cruelty cannot be a crime because it comes devoid of intention to cause serious harm, cause the victim to commit suicide, or inflict very serious injury upon her.
  • The Court took note that general accusations have been made against the appellants without any specific instances of cruelty or misconduct. "Furthermore, in this case, the FIR does not reference any such allegations and turns to be a False FIR. 
  • All that is revealed in the complaint is the vague statement, that son of the appellants used to beat her, which does not furnish any detailed allegation about infliction of any injuries by the appellants themselves and hence is a False dowry case.

Decision by the Court

It has been specified by the Court that mere allegation of 'cruelty' alone is not sufficient to constitute an offense under Section 498A of the Indian Penal Code. " It must be carried out with the goal of gravely hurting the victim, pushing her to commit suicide, or significantly injuring herself". In this context, the appeal succeeded and the matter was dismissed.

Role of a Divorce lawyer

  • A divorce lawyer provides legal advice to a couple wishing to terminate their marriage. They take care of property settlement, alimony demand, custody of minors or children, maintenance of spouses, among other things. 
  • Apart from negotiating and advocating on behalf of clients, they also keep advising them individually on how to minimize conflicts while achieving a great settlement for each party.

Sharks of Law offers a comprehensive legal solutions facility, providing an extensive collection of information on diverse areas of law and current developments in the legal field by the best professionals in this area. With this law firm, you can search and find a lawyer who can meet your legal requirements for online consultation. The attorneys at Sharks of Law have the necessary expertise across all the fields involved should you have any inquiries that require legal counsel.

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Ujjain: Woman Raped In Daylight, While Passerby Recorded The Video, Rape Accused And Another Arrested +91-88770-01993

Adv Arjun Sharma • 07/09/2024

How To Apply For A Marriage Certificate ? +91-8877001993

How To Apply For A Marriage Certificate ? +91-8877001993

Adv Tanvi Malik • 09/09/2024

How Is Murder Punishable? 8877001993

How Is Murder Punishable? 8877001993

Adv Arjun Sharma • 14/09/2024

Cheque Bounce Lawyers In Delhi 91-8877001993

Cheque Bounce Lawyers In Delhi 91-8877001993

Adv Rahul Pandey • 18/09/2024

Dowry Death And Its Punishment 91-8877001993

Dowry Death And Its Punishment 91-8877001993

Adv Samman Singh • 19/09/2024

How To Escape From Cheque Bounce Cases ?91-8877001993

How To Escape From Cheque Bounce Cases ?91-8877001993

Adv Anshul Jain • 20/09/2024

Arrest Of RG Kar Principal And Kolkata Cop By CBI +91-8877001993

Arrest Of RG Kar Principal And Kolkata Cop By CBI +91-8877001993

Adv Shubham Pahuja • 24/09/2024

Arvind Kejriwal Resignation From The Post Of CM In Delhi

Arvind Kejriwal Resignation From The Post Of CM In Delhi

Adv Ankit Kansal • 24/09/2024

Improper Bathing Habits Of Husband Leads To Divorce +91-8877001993

Improper Bathing Habits Of Husband Leads To Divorce +91-8877001993

Adv Rahul Pandey • 25/09/2024

Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

Adv Kanishk Garg • 25/09/2024

Beef Found In Tirupati Ladoo Prasad +91-8877001993

Beef Found In Tirupati Ladoo Prasad +91-8877001993

Adv Anshul Jain • 27/09/2024

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Adv Tanvi Malik • 28/09/2024

Resignation Not Final Until Employer Communicates The Acceptance To Employee:-SC 91-8877001993

Resignation Not Final Until Employer Communicates The Acceptance To Employee:-SC 91-8877001993

Adv Shifa • 28/09/2024

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

Adv Tanvi Malik • 30/09/2024

Role Of The Best Family Lawyers In Delhi +91-8877001993

Role Of The Best Family Lawyers In Delhi +91-8877001993

Adv Shubham Pahuja • 01/10/2024

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Adv Ankit Kansal • 01/10/2024

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Adv Shifa • 05/10/2024

Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

Adv Ankit Kansal • 05/10/2024

Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

Adv Kanishk Garg • 09/10/2024

What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

Adv Samman Singh • 10/10/2024

Govt Pleas For Criminalizing Marital Rapes?

Govt Pleas For Criminalizing Marital Rapes?

Adv Tanvi Malik • 14/10/2024

Maintenance To Woman In Live In Relationship 91-8877001993

Maintenance To Woman In Live In Relationship 91-8877001993

Adv Ankit Kansal • 15/10/2024

Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

Adv Anshul Jain • 18/10/2024

All Arrest And Detentions Are Not Custodial Torture 91-8877001993

All Arrest And Detentions Are Not Custodial Torture 91-8877001993

Adv Samman Singh • 07/11/2024

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

Adv Arjun Sharma • 09/11/2024

Matrimony Company To Pay Compensation To The Groom 91-8877001993

Matrimony Company To Pay Compensation To The Groom 91-8877001993

Adv Shubham Jindal • 11/11/2024

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Adv Ankit Kansal • 12/11/2024

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Adv Arjun Sharma • 14/11/2024

Forcing Wife To Quit Job Amounts To Cruelty 91-8877001993

Forcing Wife To Quit Job Amounts To Cruelty 91-8877001993

Adv Shubham Jindal • 25/11/2024

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Adv Shubham Pahuja • 26/11/2024

Judicial Reform Through Set Up Of 24*7 Online Court In Kerela

Judicial Reform Through Set Up Of 24*7 Online Court In Kerela

Adv Anshul Jain • 06/12/2024

What To Do If A Police Officer Is Harassing You? 91-8877001993

What To Do If A Police Officer Is Harassing You? 91-8877001993

Adv Arjun Sharma • 21/12/2024

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