The Calcutta High Court has issued detailed guidelines for arrest in IPC Section 498A cases, stating that police cannot make automatic arrests without proper reasons and documentation.
The Bombay High Court has ordered the release of a man confined in a rehabilitation centre on his wife’s instructions, stating that no medical records justified the detention.
The Bombay High Court stated that a second marriage while the first marriage is still valid amounts not only to bigamy but also rape if done under false promises, and rejected a plea to dismiss the FIR.
The Bombay High Court granted bail to a 22-year-old college student accused of rape, noting possible consensual relations and prolonged custody. The FIR was filed days after the incident, based on advice from the complainant’s ex-boyfriend.
The Kerala High Court has held that a divorced wife cannot stay in her ex-husband’s home by claiming it as a shared household. The ruling confirmed that eviction orders by a civil court cannot be overridden post-divorce.
The Gujarat High Court has ruled that a divorced woman can file a case under Section 498A IPC, but only for cruelty or harassment that happened during the marriage. Allegations made for incidents after divorce will not be accepted.
The Bombay High Court ruled that a woman’s earning does not disqualify her from receiving maintenance. If her income is insufficient to maintain the lifestyle she had during marriage, the husband must provide support.
The Supreme Court has implemented a two-month cooling-off period before arrests in Section 498A IPC cases. The aim is to reduce false dowry complaints and allow families a chance for reconciliation. This decision follows the Allahabad High Court’s 2022 directives.
A Pune man approached the court to file a rape case against his wife, accusing her of hiding her previous marriage. He claimed his consent for sexual relations was based on her false claim of being unmarried.
The Orissa High Court ruled that a grown-up woman’s lack of resistance during alleged sexual intercourse may indicate consent. The court acquitted the accused, stating that the woman blamed him only after being caught by her husband.
