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.
The Supreme Court sent a sessions judge to the judicial academy for denying bail without proper reason, despite earlier guidelines. The court stressed that bail should not be denied routinely, especially when custody is not required.
The Supreme Court ruled that criminal proceedings can be quashed if a matrimonial dispute has been genuinely settled. The court quashed charges against a Border Security Force officer after his ex-wife agreed to a mutual divorce.
The Orissa High Court ruled that a woman can file a cruelty case under Section 498A IPC at the place where she is living after leaving her matrimonial home due to abuse. This ensures mental cruelty at her current residence is also recognized under the law.
The Supreme Court has ruled that a mother, as the natural guardian of her child, can decide the child’s surname, especially after remarriage. The court also criticized a lower court’s directive as harmful to the child’s well-being.
The Allahabad High Court denied a man’s request for a DNA test to challenge his daughter’s paternity and avoid maintenance. The court emphasized that legitimacy is presumed in marriage and rejected his plea, stating that DNA tests should not be used to question paternity without strong proof.
The Supreme Court ruled that a marriage certificate does not confirm a valid Hindu marriage if no proper marriage ceremony was performed, highlighting the significance of rituals under Hindu law.
The Bombay High Court ruled that a husband’s girlfriend cannot be charged under Section 498A IPC as she is not a relative. The court quashed the FIR filed against her in a domestic violence case.
The Supreme Court ordered the sale of six shops owned by a father-in-law to cover maintenance arrears for his son’s abandoned wife after the husband refused to comply with court orders.
The Supreme Court quashed a Section 498A IPC case against a woman’s former in-laws, citing inconsistencies in her claims and finding that she intended to harm them. The court ruled that the complaint lacked credibility.
