The Calcutta High Court has issued detailed guidelines for arrests in cruelty cases under Section 498A of IPC, emphasizing that arrests should not be automatic. Police must ensure proper checks and follow specific procedures before arresting an individual.
The Gujarat High Court has ruled that a woman can file a cruelty case under Section 498A of the IPC even after divorce, but only for incidents that occurred while the marriage was still valid. The court quashed an FIR for lack of evidence showing harassment during the marriage.
The Delhi High Court slammed the police for falsely implicating a father and grandmother in the death of a 2-year-old child, stating there was no evidence supporting their conviction. The court acquitted them and urged the prosecution to avoid filing appeals without merit.
The Karnataka High Court ruled that insulting a spouse over their complexion and making false accusations of illicit relationships constitutes cruelty. The court granted the husband’s divorce, overturning the family court’s earlier decision.
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.
A Delhi court has ordered an FIR against a woman and her father for falsely accusing her husband and in-laws of gang rape and cruelty. The court highlighted the misuse of legal provisions and called for firm action against false accusations.
The Orissa High Court ruled that a case under Section 498A can be filed where a wife resides after leaving her matrimonial home due to cruelty. The court referenced the Supreme Court ruling in Rupali Devi to confirm this jurisdiction.
The Supreme Court quashed criminal proceedings against a man after an amicable matrimonial settlement. The ruling cited the power to quash cases under Article 142 of the Constitution when disputes are genuinely resolved.
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 Bombay High Court rejected a wife’s plea to overturn a divorce decree, citing her absence during the hearings despite multiple summons being issued. The court ruled that the wife, who had filed criminal cases against her husband, was aware of the legal process and chose not to attend.
