Dowry prohibition act
The Calcutta High Court has issued guidelines to prevent automatic arrests in cases filed under Section 498A of the IPC. The court has emphasized that police must assess the necessity for arrest and follow strict protocols, ensuring compliance with the Supreme Court’s directives.
The Gujarat High Court recently criticized the growing misuse of domestic violence and dowry allegations by women to apply pressure on their husbands and in-laws. The court observed that many such cases are exaggerated to intensify the charges and manipulate family disputes.
The Bombay High Court has ruled that mental cruelty can occur even if in-laws live separately from the complainant. The court dismissed a petition challenging cruelty charges, stating that mental cruelty is not limited by physical presence.
The Madhya Pradesh High Court recently ruled that family members cannot be held liable in dowry cases unless there is clear evidence of their active involvement. Casual mention of their names in the FIR does not justify legal action against them.
The Supreme Court overturned a Jharkhand High Court order that required a husband to deposit Rs. 10 lakhs for ad-interim victim compensation as a condition for anticipatory bail in a dowry case.
The Karnataka High Court has determined that a husband’s suggestion for his wife to pursue further education and seek employment does not amount to cruelty. The court also overturned dowry-related charges due to insufficient evidence.
The Karnataka High Court acquitted a US-based doctor and his 77-year-old mother, ruling that the wife’s complaints of harassment and dowry were vague and exaggerated. The court noted that small family differences were magnified into major issues, leading to an unjust case.
The Allahabad High Court has dismissed a rape FIR that arose from marital discord after the parties involved reached a settlement. The court ruled that, without evidence and with both parties agreeing, the case should not proceed.
The Allahabad High Court criticized the wife’s parents for attending mediation sessions only to collect money deposited by the husband, emphasizing the need for genuine dispute resolution.
The Karnataka High Court ruled that a wife’s demand for a separate house and her filing of a criminal case do not constitute “cruelty” for divorce purposes.
